(Download) "Whaley v. State" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Whaley v. State
- Author : Supreme Court of Kansas
- Release Date : January 09, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
The opinion of the court was delivered by This is an appeal from orders denying appellant's motion to
vacate sentence and motion for rehearing, both seeking
post-conviction relief, pursuant to K.S.A. 60-1507. Although
counsel was appointed and presented appellant's motions in the
district court, no evidence was adduced, and the motions were
overruled. Appellant complains the district court erroneously denied him a
full evidentiary hearing and also his request to be present at
such a hearing. The principal ground of appellant's motion upon
which he contends he was entitled to have his sentence vacated is
that his plea of guilty to the offense of robbery in the first
degree was involuntary and coerced because (1) of an alleged
illegal confession and (2) the possibility the county attorney
would seek to invoke the provisions of the habitual criminal act.
The inadequacy of these assertions to justify the setting aside
of an otherwise voluntary plea of guilty under analogous facts
was fully discussed in Stiles v. State,
[202 Kan. 176]