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Supreme Court upholds Brown Co murder conviction

By Greg Bebermeyer

04/23/2021

Lee Davis IV ( Credit: KS Dept. of Corrections)

(KNZA)--The Kansas Supreme Court has upheld the conviction of a Hiawatha man in the March 2013 beating death of his 4-year-old son.

In an unanimous decision announced Friday, the high court affirmed a Kansas Court of Appeals decision denying a motion by Lee Davis IV to withdrew his plea outside the one-year time limitation.

Davis pleaded no contest in Brown County District Court to charges of second-degree murder and child abuse in 2013 and was sentenced to nearly 20-years in prison.

Four years later, Davis filed a motion to withdraw his plea, claiming excusable neglect for his out-of-time request.

The motion was denied in district court. Davis appealed, with the Court of Appeals affirming the district court ruling.

In affairming the Court of Appeals and district court decisions, the Supreme Court found harmless a Court of Appeals error in the way it determined whether to grant or deny Davis' motion to withdraw his plea.

Brown County Attorney Kevin Hill was pleased with the decision. “Today ends a multi year legal battle by Davis and his legal team to set aside his conviction and sentence. We wholeheartedly agree with the Supreme Court’s decision and are pleased to finally have some closure on this case.”

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