State v. Aguilar

More particularly, I disagree with the majority’s dilution of the constitutional standard articulated in Cuyler v. Sullivan, 446 U.S. 335, 64 L. Ed. 2d 333, 100 S. Ct. 1708 (1980), and restated in Mickens v. Taylor, 535 U.S. 162, 152 L. Ed. 2d 291, 122 S. Ct. 1237 (2002), under the guise of “Kansas good cause” for withdrawing a plea.

*516In my view, we should allow Aguilar to make her own decisions. She has decided to file a motion to withdraw a guilty plea under K.S.A. 22-32I0(d). She acknowledges that because she chose to file her motion before sentencing, the statute requires that she…