(DOWNLOAD) "William E. Phillips v. State Indiana" by Supreme Court of Indiana No. 1182 S 413 # Book PDF Kindle ePub Free
eBook details
- Title: William E. Phillips v. State Indiana
- Author : Supreme Court of Indiana No. 1182 S 413
- Release Date : January 04, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
PIVARNIK, J. Defendant-Appellant William E. Phillips was charged in the Rush Circuit Court with forgery, Ind. Code § 35-43-5-2 (Burns 1979). On October 12, 1979, Phillips appeared pro se before the trial court and entered a plea of guilty pursuant to a plea agreement proffered by William B. Keaton, the prosecuting attorney. Said plea agreement provided that the State would recommend that Phillips be convicted as charged and sentenced to the maximum term of eight years and that the State would not pursue against Phillips an additional forgery or habitual criminal charge. The trial court accepted the plea agreement and convicted Phillips. Phillips did not appeal. On April 25, 1980, Phillips filed a pro se Petition for Post-Conviction Relief according to Ind. R.P.C. 1. In his Petition, Phillips alleged, inter alia, that the trial court prematurely accepted his guilty plea without properly determining whether or not he had knowingly and freely waived his constitutional right to counsel. Phillips also filed a Verified Motion for Change of Venue From Judge and an Affidavit of Indigency. Special Judge John A. Westhafer was appointed to consider the Petition and a deputy public defender was appointed to represent Phillips. After conducting a hearing on February 5, 1981, the post-conviction court denied Phillips' Petition. Phillips subsequently appealed to the Fourth District Court of Appeals alleging:
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