The Kansas Supreme Court has ordered a new trial for Brennan Trass, a Hutchinson man convicted in a 2019 murder case, due to a violation of his constitutional right to legal representation.
The court unanimously found that Reno County District Court Judge Trish Rose improperly required Trass to represent himself, which contravened the Sixth Amendment of the U.S. Constitution.
Trass had been accused of murdering Jose Morales during a methamphetamine transaction in 2015.
His trial faced delays partly due to conflicts with eleven attorneys who had been assigned to him.
Frustrated with the slow progress, Judge Rose ruled that Trass had to defend himself. Trass challenged this decision during his trial and subsequently appealed his conviction.
In its ruling, the Supreme Court stated that Judge Rose was incorrect in declaring that Trass forfeited his right to a court-appointed attorney.
The court criticized her failure to inform Trass of the disadvantages of self-representation or provide him a chance to modify his behavior to retain his counsel.
Although there was a standby attorney present, Trass was not adequately supported during the trial.
Justice Melissa Standridge emphasized that the violation of Trass’ right to counsel constituted a structural error, warranting an automatic reversal of his felony murder and firearm possession convictions.
The Supreme Court also established a precedent, noting that a defendant in Kansas could lose the right to counsel through extraordinary misconduct, although they ruled that Trass’s actions did not meet that threshold.
Additionally, the justices affirmed that the lengthy period between the homicide and trial did not violate Trass’ right to a speedy trial, and there was sufficient evidence to support his original convictions.
Trass was previously sentenced to over 50 years in prison. The case has now been remanded for a new trial before a different judge.