State v. Stovall

I agree with the majority’s decision to reverse the Court of Appeals’ decision in State v. Stovall, No. 100,704, 2010 WL 1379512 (Kan. App. 2010) (unpublished opinion). My rationale for doing so varies from the majority, however.

Court of Appeals Erred in Finding Waiver of Argument

As the majority has explained, the Court of Appeals determined that Stovall had waived any challenge to the erroneous denial of his attorney’s motions to withdraw based upon defense counsel’s conflicts of interest because he did not argue either prejudice or adverse effect in his appellate brief. Stovall, No.…