[Download] "Richard Allen Maleck v. State Indiana" by Third District Court of Appeals of Indiana * eBook PDF Kindle ePub Free

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eBook details

• Title: Richard Allen Maleck v. State Indiana
• Author : Third District Court of Appeals of Indiana
• Release Date : January 16, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Appellant Maleck, hereinafter petitioner, was charged with assault and battery with intent to rape. He was arraigned on May 8, 1973. The record entry for that date states, "[T]he defendant is now interrogated by the Court and instructed as to his constitutional rights and now waives the reading of the affidavit, waives trial by Jury and for his plea herein says that he is not guilty." There is no verbatim transcription of the arraignment. On July 12, 1973, petitioner sought leave of court to withdraw his plea. The record entry for that date states, "The Court now grants leave to the defendant to withdraw his not guilty plea herein. The Court re-advises the defendant of his rights and the defendant for his plea herein says that he is guilty. . . ." The verbatim transcript of this hearing shows the petitioner was not advised of his right to trial by jury, his right against self-incrimination nor his right to confront his accusers. The trial court, however, accepted petitioners guilty plea and he was sentenced

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