(DOWNLOAD) "Russell L. Limp v. State Indiana" by Supreme Court Of Indiana ~ Book PDF Kindle ePub Free
eBook details
- Title: Russell L. Limp v. State Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant-Appellant Carey R. Blackburn was charged with attempted robbery, a class A felony. On January 8, 1980, he pleaded guilty to attempted robbery, a class B felony, pursuant to a plea agreement, and was sentenced to twelve (12) years as provided for in the agreement. On April 25, 1983, Appellant filed his first petition for post-conviction relief, alleging that his guilty plea was not entered intelligently, knowingly, and voluntarily, which petition was denied. On July 18, 1983, Appellants counsel at the post-conviction hearing sent him a letter detailing the trial courts findings and Conclusions. Counsel explained that the case presented no "persuasive grounds for relief" and that an appeal most likely would not succeed, but further explained that Appellant had a right to appeal and that his office would handle the appeal, although he asked Appellant to forego such. No appeal as filed. On July 12, 1984, after receiving advice from a fellow inmate, Appellant requested permission to file a belated motion to correct errors, specifically based on his counsels erroneous advice. The trial court granted the motion, but apparently no motion to correct errors ever was filed, nor was an appeal of the first post-conviction relief judgment filed. Instead, on November 21, 1984, Appellant filed a second petition for post-conviction relief, alleging ineffective assistance of counsel due to previous counsels failure to appeal, and reiterating Appellants earlier allegation of an improper guilty plea. The trial court denied the petition and Appellant now appears before us alleging the same two issues.