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Judges affirm denial of motion to withdraw plea

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The trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were filed against him, the Indiana Court of Appeals ruled.

Jason Jeffries pleaded guilty to Class A felony possession of methamphetamine with intent to deliver or manufacture under Cause FA-029. In exchange, the habitual offender charges on that cause and a separate one, FC-113, were dismissed. At his sentencing hearing, Jeffries’ attorney told the trial court that his review of the habitual offender statute indicated that Jeffries couldn’t have been subject to such an enhancement under FA-029, but was still eligible for that charge under FC-113.

Jeffries then tried to withdraw his guilty plea, which the trial court denied. He was sentenced to 40 years as outlined in the plea agreement.

In Jason Jeffries v. State of Indiana, No. 87A01-1102-CR-128, the COA held that the trial court did not abuse its discretion in denying the motion to withdraw because Jeffries could have been tried on one of the habitual offender counts, potentially resulting in a longer sentence than he received under the plea agreement, and both habitual offender counts were dismissed pursuant to the plea agreement.

Jeffries’ claim of ineffective assistance of counsel also failed because he can’t establish he would have received a better outcome than the 40-year sentence he received under the agreement if he had been convicted of the charges at trial.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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