A Geary County District Court case has been affirmed by the Kansas Court of Appeals. The Darryl Manco v. State of Kansas case involves an indecent liberties and aggravated criminal sodomy case against Manco more than 20 years ago, with Manco appealing the district courts’ denial of his third motion as succesive and untimely.
The 50-year-old defendant claims the restrictions on filing such motions are unconstitutional denials. However the higher court finds, rather than unconstitutional, it is a reasonable limitation in order to stop an abuse of remedy.
The Court of Appeals in its 11 page opinion finds Manco’s constitutional challenge is not persuasive. While successive motions can be filed if exceptional circumstance is established, Manco failed to present any exceptional circumstances for the district court to consider.
Manco was convicted in a 1992 Geary county indecent liberties with a child case and was up for a public comment session and possible parole in October of 2013. He was sentenced in September of 1992, after the March 1992 incident. Parole was denied at that time and his next possible earliest release date is March of 2018. He is currently being held at Lansing.
