Legal Question in Appeals and Writs in Kansas
My husband got arrested in Olathe, Kansas on February 26th, 2008 and was charged with 4 counts: 1st Felony Possession, 1st Felony Fleeing, Drug Paraphernalia, & Driving Under the Influence. Soon after, he got a parole violation in Missouri (for previous charges, unrelated to this case) & was sent back to MO DOC. In April 2009, Kansas came for him to face the charges there & he accepted a plea agreement dropping all charges except for the Possession with the understanding that he would get 1 year, credited for his time in Johnson County while awaiting sentencing & 20% good time, and that his sentence would begin on July 2nd, 2009 and be completed in about 7 months. Although the ruling says consecutive, he was told by his attorney AND the judge that his time would run along with his Missouri time. He found out at the beginning of 2011 that he had a detainer in Kansas & filed a petition on 2-2-11 & another motion on 7-28-11; no response. I've called the attorney who handled his case, who refused to do anything, & the court clerk a couple times, who said thatI it would require a court appearance but neither Missouri nor Kansas will transport him & I have also spent countless hours on the web searching through Kansas & US government & many other sites trying to find something applicable. All we need is for the judge to clarify the wording & clear up the misunderstanding. How can I (A) get his attorney to finish handling this (would Kansas Code of Ethics Rule 1.16 apply in any way?) or (2) appear in court on his behalf? Is there any law or statute or precedent that relates to this? It doesn't seem like it should be this difficult & complicated for the judge to simply reword his ruling to clarify what he meant. I hope this explains everything but if you have any further questions, please call me @ 816-248-9588. His case number is 08CR02749 & name is Billy Phillips.
Thank you for your time & attention.
1 Answer from Attorneys
It sounds like your husband needs a Nunc Pro Tunc Journal Entry. If his present attonrey will not seek it, he might need to hire another attonrey, or get the present attonrey to explain to him why your recitation of the facts and rulings is not accurate.