Testimony has ended in Devawn Mitchell’s latest appeal of his felony murder conviction and sentence in the 2021 death of Steve Henry.
Mitchell took the stand Tuesday, saying he fired trial defense attorney Rick Meier for “badmouthing” him as opposed to Meier’s assertions the dismissal came because of disagreements in how to proceed with defense strategy. Mitchell also says Meier didn’t explain or guide him on certain points of the judicial process. Of note was when Mitchell said he chose to waive his right to a jury trial, instead picking a bench trial option because he felt the trial would be closed to the public and his mental health history would thus not be publicized. Mitchell said he would have not chosen that option if he had known bench trials were also public.
When it comes to his mental health, Mitchell says he suffers from anxiety and schizophrenia and has occasional “flare-ups” that cause him to be “not in control of my actions.” Mitchell says he receives medications, but he says Lyon County Detention Center staff withheld medications while he was incarcerated during the original trial — countering unchallenged statements from Monday that medication was available to him at that time.
Mitchell also says appellate defense attorney Kurt Kerns didn’t do enough in representing Mitchell as the case went to appeal.
After Mitchell completed his testimony, two psychologists testified for the state Tuesday, following testimony from Meier, Kerns, Mitchell’s mother and another psychologist Monday.
Mitchell was convicted in 2022 after leading a high-speed chase in Emporia that ended with Mitchell’s car plowing into Henry’s pickup truck, killing him. Mitchell was sentenced 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. The current appeal is rooted in claims of ineffective counsel by both Meier and Kerns.
A verdict in this appeal isn’t coming immediately. In fact, it may not come until early next year. The state has until late November to file arguments, while Cox has 30 days after receiving those arguments from state attorneys to file his rebuttal arguments. Fowler will rule after reviewing those findings.
