Criminal Law – Guilty Plea – Voluntariness – Medication

January 1, 1990 Comments Off on Criminal Law – Guilty Plea – Voluntariness – Medication

Where movant claimed that his plea of guilty had not been voluntarily entered because he was taking thorazine at the time and both movant and the state offered evidence as to the effect of the medication on a person taking ...

Criminal Law – Guilty Plea – Voluntariness – Post-Conviction Relief

January 1, 1990 Comments Off on Criminal Law – Guilty Plea – Voluntariness – Post-Conviction Relief

Even though movant claimed his guilty plea was involuntary since he had not been advised of the possible sentence, where movant’s allegations were completed refuted by the record of the plea hearing, movant was not entitled to post-conviction relief. Judgment ...

Criminal Law – Guilty Plea – Voluntariness – Intoxicated Condition

January 1, 1990 Comments Off on Criminal Law – Guilty Plea – Voluntariness – Intoxicated Condition

Even though movant claimed his guilty plea was involuntary because made when movant was under the influence of cocaine, where the record of the plea hearing showed movant understood the consequences of his guilty plea and that he had responded ...

Criminal Law – Post-Conviction Relief – Appeal – New Issue

January 1, 1990 Comments Off on Criminal Law – Post-Conviction Relief – Appeal – New Issue

Where movant sought to raise a different issue on appeal than he had raised in his post-conviction proceeding at the trial court level, the issue could not be considered on appeal since it was not raised below. Judgment denying Rule ...

Criminal Law – Post-Conviction Relief – Capital Murder – Lesser Included Offense

January 1, 1990 Comments Off on Criminal Law – Post-Conviction Relief – Capital Murder – Lesser Included Offense

Even though a trial court submitted a second degree murder instruction in addition to one for capital murder in a capital murder case, where both instructions were supported by the evidence, they were not improper and movant was not entitled ...

Criminal Law – Information – "Knowingly" – Burglary Second Degree

January 1, 1990 Comments Off on Criminal Law – Information – "Knowingly" – Burglary Second Degree

Even though the information charging movant with burglary second degree omitted the word “knowingly” which is an element of the offense, where the information pleaded a knowing mental state, it was not fatally defective and did not entitle movant to ...

Criminal Law – Counsel – Ineffective Assistance – Post-Conviction Relief (130486)

January 1, 1990 Comments Off on Criminal Law – Counsel – Ineffective Assistance – Post-Conviction Relief (130486)

Even though movant claimed his counsel was ineffective for failing to investigate whether movant had been on drugs when he committed the crimes he pleaded guilty to, where the judge at movant’s guilty plea hearing asked movant if he had ...

Arbitration – Breach Of Warranty – Remote Purchaser – Limitation Of Remedies

January 1, 1990 Comments Off on Arbitration – Breach Of Warranty – Remote Purchaser – Limitation Of Remedies

Even though the contract between a foreign manufacturer of refrigeration equipment and a domestic distributor provided for the arbitration of all disputes under the contract, where the distributor sold the equipment to a third party, the claim of the third ...

Contract – Fraud In The Inducement – Rescission – Limitation Of Actions

January 1, 1990 Comments Off on Contract – Fraud In The Inducement – Rescission – Limitation Of Actions

Where buyer of computerized printing system sued the manufacturer for fraud because the equipment did not work as represented, a clause in the sales contract limiting the time for bringing suit under the contract to a period of one year ...