Proposed findings of fact and conclusions of law are now in front of a Lyon County judge in Devawn Mitchell’s appeal of his murder conviction and sentence in the death of Steve Henry nearly five years ago.
Mitchell’s legal team has been basing its appeal on ineffective counsel, first from initial defense attorney Rick Meier and then during a previous appeal by Kurt Kerns. The team has called the state’s proposed judgement “deficient,” saying Meier should have requested a competency evaluation before and after the original trial in 2022. Mitchell’s team also say the state downplays failures to research or investigate specific issues that developed, also accusing the state of improperly using the prejudice standard for claims of ineffective counsel.
Attorneys with the Lyon County Attorney’s Office disagree, saying neither the performance of Meier nor Kerns “fell below objectively reasonable standards” and Mitchell was not shown any prejudice during the proceedings.
Mitchell was convicted in Henry’s traffic death on West Sixth near Chestnut after allegedly leading a law enforcement pursuit and continuing around parts of Emporia at high speed, even after law enforcement had ended their chase due to traffic concerns. Lyon County Judge Lee Fowler heard the initial bench trial, sentencing Mitchell to 50 years in prison for felony murder, aggravated assault on law enforcement and flee and elude. A previous appeal was denied by the Kansas Supreme Court. Fowler also presided over the bench trial in the current appeal this past September.
There is currently no date listed for a potential ruling in this appeal.
