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COA: Man knowingly pleaded guilty to fraud charge

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A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.

McCullough, a former car dealer, faced charges of Class D felony conspiracy to commit fraud on a financial institution, Class C felony fraud on a financial institution, Class D felony theft and Class A misdemeanor check deception. The charges stemmed from giving false information on a loan application to purchase a car.

McCullough entered into a plea agreement in 2009 on the Class C felony fraud charge and an unrelated Class D felony failure to register as a sex offender charge under a separate cause number. The agreement capped his executed sentence at two years, and he was ordered to serve it on home detention.

After learning of the decision in Wallace v. State, 905 N.E.2d 371 (Ind. 2009), he sought post-conviction relief on both charges. He claimed his guilty pleas weren’t knowing, intelligent or voluntary due to ineffective assistance of counsel because his attorney didn’t tell him about the Wallace holding. McCullough was later removed from the sex offender registry because he never should have been required to register. The post-conviction court only granted relief regarding the failure to register charge.  

McCullough didn’t argue that his counsel failed to inform him about a defense to fraud, and the evidence against him for this charge was great, the COA pointed out in Anthony McCullough v. State of Indiana, 49A02-1209-PC-719. McCullough also received a substantial benefit from his plea agreement, facing up to 20 years executed in the Department of Correction on the fraud charge alone.

The judges also pointed out the post-conviction court did not err by separating the charges, as the two charges arose out of two unrelated criminal acts with separate cause numbers.

 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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