Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES EX REL. PHILLIPS v. HENDERSON

December 8, 1971

UNITED STATES of America ex rel. Charles PHILLIPS, Petitioner,
v.
Robert J. HENDERSON, Respondent


Bruchhausen, Senior District Judge.


The opinion of the court was delivered by: BRUCHHAUSEN

MEMORANDUM and ORDER

BRUCHHAUSEN, Senior District Judge.

 The petitioner, hereinafter called Phillips, now in State custody, applies, pro se, for a writ of Habeas Corpus and authorization to proceed in Forma Pauperis.

 THE SUBSTANCE OF PHILLIPS' CLAIMS FOR RELIEF

 1. That his plea of guilty was not voluntary;

 2. That his attorney, through false promises, inducements and misrepresentations pressured him into withdrawing his plea of not guilty and entering a plea of guilty.

 The reason why this Court elaborates on this case is to demonstrate that in this court and in our sister Federal courts, too much of our time is consumed in frivolous applications.

 THE PROCEEDINGS, CULMINATING IN HIS PLEA OF GUILTY AND SENTENCE.

 On January 11, 1968, Phillips and others were indicted by a Nassau County Grand Jury for the crimes of Robbery, first degree; Grand Larceny, third degree and possession of weapons as felonies, committed on December 7, 1967.

 On January 23, 1968, he pleaded not guilty.

 He and three co-defendants moved for a hearing to suppress the search and seizure. It was held on August 28, 1968 and the motion was denied on October 16, 1968.

 The record on file in the Nassau County Clerk's Office, contains a statement, signed by co-defendant, Audrey Lester, shortly after the robbery, implicating herself and Phillips in the robbery. At that time he also signed a similar statement.

 On April 30 and May 1, 1969, a Huntley hearing was held before Hon. Harold M. Spitzer, County Judge. The said Audrey Lester, her attorney, Phillips and his attorney, James Dowling, attended and participated in the hearing. Audrey Lester was the first defendant to withdraw her plea of not guilty and to plead guilty to Robbery in the second degree. She agreed to cooperate with the authorities. Thereupon, Phillips offered to plead guilty as a youthful offender. Frank Dillon, Esq., an Assistant District Attorney, replied thereto, by stating that Phillips had a criminal record, i.e., that on April 14, 1964, he was arrested at Raleigh, North Carolina, for breaking and entry and on June 2, 1965, he was arrested in New Cassel, New York, and charged with Assault, first degree, with a gun and unlawful possession. On October 8, 1965, he pleaded guilty to an amended information and was adjudged a youthful offender. On October 21, 1965, he was sentenced to Elmira for a term, not to exceed three years. Mr. Dillon stated he opposed acceptance of the youthful offender plea. The Judge stated that he was ready to proceed with the trial, also, viz:

 
"Well, it appears to me he was on parole. * * * the application (for youthful offender treatment) is denied. * * * are we ready to proceed with the trial?"

 Colloquy ensued, whereupon Mr. Dowling requested an adjournment. A luncheon recess was then taken. Extracts from the record, are as follows:

 
"Mr. Dowling: Your Honor, it is the same application as this morning. Phillips will withdraw the plea of not guilty and plead guilty to robbery second * * *. No promises or representations have been made with respect to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.