Hartsock v. Com.
| Decision Date | 01 February 1974 |
| Citation | 505 S.W.2d 172 |
| Parties | Dewey HARTSOCK, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Dewey W. Hartsock, pro se.
Ed W. Hancock, Atty. Gen., Robert L. Chenoweth, Asst. Atty. Gen., Frankfort, for appellee.
VANCE, Commissioner.
This is an appeal from an order denying, without an evidentiary hearing, appellant's motion to vacate judgment pursuant to RCr 11.42 .
Appellant entered a plea of guilty to the offense of rape of a female over twelve years of age. KRS 435.090. He was sentenced to confinement for ten years and the sentence was probated. Thereafter the probation was revoked and appellant was imprisoned. He then moved that the judgment be vacated upon the ground that his plea of guilty was not voluntary.
The transcript of the record contains the following entry relating to the plea of guilty:
Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), held that one who enters a plea of guilty waives three basic constitutional rights, viz., (1) the privilege against compulsory self-incrimination (2) the right to trial by jury and (3) the right to confront one's accusers. Boykin held that the record of the trial must affirmatively show that the waiver of those rights was voluntary and that the prisoner understood what he was waiving. It was held that waiver could not be presumed from a...
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State v. Reaves
...An on-the-record colloquy between the trial court with the accused in which the Boykin matters are covered is required. Hartsock v. Commonwealth, 505 S.W.2d 172 (Ky.1974); see Caldwell v. Commonwealth, 503 S.W.2d 485 18. Louisiana. A procedure like that in Sisco and Brainard is deemed requi......
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Scott v. Com., 79-SC-571-MR
...369 U.S. 506, 82 S.Ct. 884, 8 L.Ed.2d 70 (1962); Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938); Hartsock v. Commonwealth, Ky., 505 S.W.2d 172 (1974). See Rules of Criminal Procedure (U.L.A.) rule There are two situations in which a defendant waives his right to be pre......
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Kotas v. Com.
...253, 259 (1977). The trial court was correct when it supplemented the record by means of a later evidentiary hearing. Hartsock v. Commonwealth, Ky., 505 S.W.2d 172 (1974). The alternate position of Kotas is that the evidence adduced at the subsequent hearing was insufficient to support the ......
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Lynch v. Com.
...that a defendant's guilty plea is being entered knowingly, intelligently, and voluntarily before accepting same. In Hartsock v. Commonwealth, Ky., 505 S.W.2d 172 (1974), a distinction was made between those instances in which the record is entirely silent and those in which it is not altoge......