Devawn Mitchell’s appeal of his vehicular murder conviction is set for trial to begin.
A three-day bench trial is slated to begin Monday in front of Lyon County District Court Judge Lee Fowler — the same judge who presided over the original bench trial where Mitchell was convicted of killing Steve Henry in a traffic accident in 2021.
The current appeal follows Mitchell’s nearly 50-year sentence on first-degree felony murder, aggravated assault on law enforcement and flee and elude in 2022. It also follows an appeal that went to the Kansas Supreme Court before it was denied in 2023, with the high court saying District Court did not abuse its powers by not voluntarily ordering a psychological exam before sentencing.
Mitchell’s current appeal is based on ineffective counsel complaints, both against trial defense attorney Rick Meier and appellate defender Kurt Kerns.
