[DOWNLOAD] "Robert Lee Perkins v. State Indiana" by Supreme Court of Indiana No. 274S37 ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Robert Lee Perkins v. State Indiana
• Author : Supreme Court of Indiana No. 274S37
• Release Date : January 17, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

This appeal is from the denial of a Motion to Correct Errors which followed the denial of Appellant's petition for post-conviction relief. Appellant pled guilty to Second Degree Murder and was sentenced to the statutory term of not less than fifteen (15) nor more than twenty-five (25) years imprisonment. Ind. Code § 35-1-54-1, Burns § 10-3404 (1974 Supp.). Appellant asserts that his plea of guilty was not knowingly nor understandingly made and that his attorney afforded him ineffective representation. Both of these issues center upon the same factual dispute. At the post-conviction hearing Appellant testified that he pled guilty because of the assurances of his attorney that a plea bargain had been arranged whereby Appellant would receive less than a fifteen year sentence for the crime of Second Degree Murder. Appellant's theory is that this constitutes ineffective representation by counsel and also demonstrates that the guilty plea was made without adequate knowledge or understanding of the consequences to flow therefrom. While the theory is sound, the facts do not support the theory.

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