TOPEKA – A  hearing on Thursday for a Kansas man convicted of attempted manufacture of methamphetamine and attempted 2nd degree murder, over the defendant’s civil filing claiming ineffective counsel. 

Paul Stotts, 28, claimed that he had ineffective counsel prior to his trial and his attorney David Holmes failed to inform him of a plea offer from the state.

Stotts continues to argue that if he had known about the offer which would have reduced his time in prison to around 13 and a half years, he would have taken it. 

The Kansas Court of Appeals ruled that he failed to demonstrate a reasonable probability that he would have accepted the plea offer at the time it was offered.

But, in court his attorney said what they failed to do at the appellate level was whether he was prejudiced by not hearing about the offer.

Stotts told the judge that he was barely 18 at the time of his arrest and knew nothing of how the legal system worked. He says the plea offer was mentioned in court, but didn’t feel he could oppose his attorney who he thought was working for his best interest. He says it wasn’t until he went to prison that he learned what he could or couldn’t do even during his trial. 

Judge Trish Rose took the issue under advisement and indicated it may be some time before she issues any ruling. 

Stotts is serving a near 25-year sentence after being convicted of attempted 2nd degree murder for crashing his vehicle into another, badly injuring the other driver during a high-speed chase through Reno County in March of 2007.

The state says it was intentional, while Stotts maintains it was an accident. He was also found guilty of having items consistent with a meth lab inside his vehicle, two counts of aggravated battery, and several counts of flee and elude.