A man who already has been paroled for an involuntary manslaughter conviction was back in a Leavenworth County courtroom Thursday because an appellate court has remanded the case back to District Court.
A man who already has been paroled for an involuntary manslaughter conviction was back in a Leavenworth County courtroom Thursday because an appellate court has remanded the case back to District Court.
William J. Kelly III, 23, was sentenced three years ago for a charge of involuntary manslaughter while driving under the influence of alcohol.
The charge stemmed from a Jan. 6, 2013, crash near 251st Street and Ragtown Road in western Leavenworth County that resulted in the death of Lee King.
King had been a passenger in a car driven by Kelly.
Kelly was sentenced to 41 months in prison for the crime. He appealed his conviction.
Last year, the Kansas Court of Appeals issued a ruling, remanding the case back to the District Court to determine if a good faith exception applies to a blood test that was used to determine Kelly's blood alcohol level after the crash.
According to the appellate court decision, Kelly consented to having blood drawn after a deputy reviewed an implied consent advisory, which informed Kelly of possible criminal penalties for refusing.
But in 2016, the U.S. Supreme Court issued a ruling that warrantless blood tests of suspected drunken drivers are unconstitutional.
And the Kansas Court of Appeals found that Kelly's consent to the blood draw was not voluntary because there had been the threat of criminal punishment for refusing the warrantless blood test.
However, there can be a good faith exception when a law enforcement officer relies on a law that is later declared unconstitutional, according to the appellate court decision.
The Kansas Court of Appeals remanded Kelly's case to Leavenworth County District Court for a judge to determine if the good faith exception applies.
If the judge determines that the good faith exception applies, the manslaughter conviction would be upheld. If the judge determines the good faith exception does not apply, the conviction would be set aside and the results of the blood test would be suppressed in the case.
Kelly was released on parole in August, according to a website for the Kansas Department of Corrections.
According to court records, attorney Kevin Reardon was appointed in December to represent Kelly to discuss the possibility of withdrawing the appeal.
Reardon met with Kelly before court Thursday.
In court, Reardon said Kelly wants him to explore the particulars of the case.
The case was continued until March 15.
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