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Criminal Procedure Keyed to Miller
State v. Ahmad Bey
Citation:
17 P.3d 322 (Kan. 2001)Facts
Ahmad Bey (defendant) and his brother Yusif were charged with the premeditated first-degree murder of Victor Conger. During plea negotiations, the county attorney informed the brothers that any plea agreement would need to dispose of the cases against both brothers and would have to be concluded prior to the time the prosecution would be turned over to the attorney general’s office. Ahmad agreed to plead nolo contendere to aiding and abetting intentional second-degree murder with a life sentence, while Yusif agreed to plead to first-degree felony murder with a life sentence.
At the plea hearing, defense counsel and the trial judge questioned Ahmad about his understanding of and voluntariness in entering into the plea agreement. However, there was no mention that disposal of both cases was a condition of the plea agreements. Ahmad moved to withdraw his plea, arguing that the judge’s failure to inquire about the package deal rendered his plea involuntary because the situation was coercive.
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