The proposed Kansas Senate Bill 60, championed by Attorney General Kris Kobach, seeks to limit the ability of people convicted of crimes to file multiple appeals based on claims of ineffective counsel. Advocates, such as Jean Phillips of the Kansas Association of Criminal Defense Lawyers, argue that this bill could harm innocent people by preventing evidence of their innocence from being presented in subsequent petitions.
For instance, Lamonte McIntrye, who was exonerated after 23 years in prison for a double homicide he did not commit, would not have been able to file the third petition that led to his release under this bill’s restrictions.
Kobach’s office argues that the bill will reduce the strain on courts and prevent repetitive, meritless motions, thereby improving efficiency in the judicial system.
However, critics like Tricia Rojo Bushnell of the Midwest Innocence Project express concern that the bill would prevent individuals from presenting new evidence of innocence, even if it were not discovered earlier due to ineffective counsel.
The bill’s potential to limit the ability to file claims related to ineffective counsel, especially in cases involving complex appeals such as death-penalty cases, has raised concerns about possible miscarriages of justice. The Kansas Senate Judiciary Committee has yet to take action on the bill, with ongoing debate over its implications for justice and the rights of the wrongfully convicted.