(KAIR) -- The Kansas Attorney General's Office has filed a motion for a stay in the 2000 murder case of an Atchison man weeks after his conviction was overturned.
Atchison County District Court Judge Robert Bednar on May 29th overturned the first-degree murder conviction of Kirk Wilson and ordered a new trial. In his ruling, Bednar cited improper use and investigation of available evidence by Wilson’s then atttorney, Michael Waite, which he says impaired Wilson’s right to a fair trial.
The A-G’s office filed the motion for a stay last week, citing the expected length of an appellate review, the severity of the crime Wilson was charged with, and that Wilson has active sentences from 1997 that he's currently serving.
The state had filed for an appeal of the ruling in early June.
Judge Bednar has until June 23rd to consider the request for a stay.
Wilson was convicted in 2001 and sentenced to life in prison without parole for 25 years for the March 2000 murder of Kurt Boldridge.
Wilson tried on several occasions to appeal the conviction, with the most recent being in January.
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