TOPEKA, Kan. — For the second time, Judge Trish Rose is ordering the state to offer a defendant the offer they made prior to trial in a 2007 case.
Paul Stotts was convicted of attempted manufacture of methamphetamine and attempted second-degree murder and argued in his civil filing that he had ineffective counsel prior to his trial. He says his attorney, David Holmes, failed to inform him of a plea offer from the state. He argues that, if he had known about the offer, which would have reduced his time in prison to around 13 and a half years, he would have taken it.
This issue went to the Kansas Court of Appeals and it ruled that he failed to demonstrate a reasonable probability that he would have accepted the plea offer at the time it was offered, but with this latest ruling, Judge Rose says she believes he would have accepted the offer.
The state is already indicating they will probably appeal the judge’s decision a second time.
Judge Rose gave the state 10 days to have a written plea offer for the defendant and then gave the defense 10 days to respond, but Assistant District Attorney John Settle says they’ll most likely appeal.
As it stands now, Stotts is serving roughly 25 years after being convicted of attempted second-degree murder for crashing his vehicle into another, badly injuring the other driver. The state says it was intentional, while Stotts maintains it was an accident. He was also found guilty of having items consistent with a meth lab inside his vehicle, two counts of aggravated battery, and several counts of flee and elude. The case has to do with the 24-minute high-speed chase through both South Hutchinson and Hutchinson, which ultimately ended with the crash on what is now the old K-61 highway. That was back on March 26, 2007.
We’ll let you know if in fact he decides to appeal this latest decision.