Legal Question in Appeals and Writs in Kansas

Is this a mistrial?

My 16 yr old son had been accused of criminal aggrevated sodomy. He made a statement saying that he woke up and the 3 yr old was licking his genitals. He stopped her, told her that was bad and hurried home. He didn't tell anyone. 2 wks later the 3 yr old said something to her mom. My son was ordered to get a phsycological evaluation. Apprx. 6 wks later was the trial. The day b4 the trial we got the evaluation report. Our lawyer said that she was very ''harse''. The woman who did the evaluation had taken some of the things that I and my husband had said and twisted them around. As for my sons tests there was no negative comments. She had written that a 3 yr old wouldnt know how to do things like that. She didn't know any of the defence evidence. She said that my son's prognosis was poor due to my husband and I believing our son. 10 min b4 court was to start the d.a. offered a plea bargin of aggrevated battery level 7 to our att. We were then under the impression that we had to decide right there. With having to make a rush decision and the negative evaluation we accepted the plea bargin. I have learned that The woman that did the evaluation is also the same woman who is the 3 yr old's counciler. Is this grounds for a mistrial?

Asked on 1/03/05, 8:05 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Is this a mistrial?

If there was no trial, there can be no mistrial. The information that you have provided, may be cause for yoru son to request that the court set aside his guilty plea. You should discuss this with his attorney. If he is still represented by an attorney, I am prevented from discussing his case further.

Good Luck

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Answered on 1/03/05, 3:05 pm

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