A man who already has been paroled from prison wants to continue to pursue an appeal of his conviction in Leavenworth County of involuntary manslaughter.

A man who already has been paroled from prison wants to continue to pursue an appeal of his conviction in Leavenworth County of involuntary manslaughter.

William J. Kelly III, 23, was sentenced three years ago for a charge of involuntary manslaughter while driving under the influence of alcohol.

The charge stemmed from Jan. 6, 2013, crash near 251st Street and Ragtown Road in western Leavenworth County that resulted in the death of Lee King.

King had been a passenger in a car driven by Kelly.

Kelly was sentenced in 2015 to 41 months in prison for the crime. He appealed his conviction.

Last year, the Kansas Court of Appeals issued a ruling, remanding the case back to the District Court to determine if a good faith exception applies to a blood test that was used to determine Kelly's blood alcohol level after the crash.

According to the appellate court decision, Kelly consented to having blood drawn after a deputy reviewed an implied consent advisory, which informed Kelly of possible criminal penalties for refusing. But in 2016, the U.S. Supreme Court issued a ruling that warrantless blood tests of suspected drunken drivers are unconstitutional. And the Kansas Court of Appeals found that Kelly's consent to the blood draw was not voluntary because there had been the threat of criminal punishment for refusing the warrantless blood test.

However, there can be a good faith exception when a law enforcement officer relies on a law that is later declared unconstitutional, according to the appellate court decision.

Kelly, who was paroled last year, appeared Thursday in Leavenworth County District Court for a status hearing in the case.

Kelly's court-appointed attorney, Kevin Reardon, said his client initially may have had some question about whether he wanted to continue to pursue the matter.

Reardon said the case has gone on for a long time, and it has been an emotional strain for Kelly.

“He has already served the prison time,” Reardon said.

But Reardon said his client does want to pursue the matter.

District Court Judge Gunnar Sundby scheduled a hearing for arguments regarding the possible good faith exception.

The hearing is scheduled for May 10.

Sundby said that if he finds the good faith exception applies in the case, the conviction will be upheld.

If the good faith exception does not apply, the conviction will be set aside and the results of the blood test will be suppressed in the case.

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