TOPEKA, Kan. (WIBW) -- The Kansas Supreme Court threw out the 2007 conviction of a man accused of raping and abusing his young daughter and ordered a new trial.
In September 2006, Ricky J. Stovall was arrested and charged with raping a child under 14 and rape, victim overcome by fear or forice; or, in the alternative, aggravated indecent liberties with a child, sexual intercourse with a child 14-15 years of age.
Writing for the majority, Justice Lee Johnson cited the defense counsel's conflict of interest in the case, of which the trial judge had been informed several times. Johnson ruled that the judge failed to inquire about the conflict adequately.
Justice Biles, Nuss, and Moritz offered concurring and dissenting opinions, acknowledging the conflict of interest, but arguing they would have wanted Stovall to demonstrate the alleged conflict adversely affected the lawyer's performance.