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Attempted Rape Franklin Virginia Lawyer Prisoner Conviction

Attempted Rape Franklin Virginia Lawyer Prisoner Conviction

Willard, John v. Commonwealth
Facts:

A prisoner entered a guilty plea to an indictment charging him with attempted rape, and he was convicted on the basis of that plea. Before accepting the plea, the trial court conducted an extensive examination of the prisoner concerning the voluntariness of the plea and the prisoner’s understanding of its nature and effect. When the prisoner was not allowed to appeal his conviction, the trial court granted his petition for a writ of habeas corpus. Respondent penitentiary superintendent challenged an order from the Corporation Court of the City that awarded a writ of habeas corpus to petitioner prisoner on the ground that he had been denied his right to appeal his conviction for attempted rape.

Attempted Rape Franklin Virginia Lawyer Prisoner Conviction

Attempted Rape Franklin Virginia Lawyer

Issue:
  • Whether an accused who is convicted upon a plea of guilty is entitled to appeal his conviction?
Discussion:

This court reversed, holding that it was error for the trial court to award the writ. The prisoner was sentenced in proceedings devoid of jurisdictional questions to a term within the range fixed by law pursuant to a judgment of conviction based on a plea of guilty voluntarily and intelligently entered. That plea waived all defenses other than those jurisdictional. The court concluded that because the conviction had been rendered upon a voluntary guilty plea and the punishment fixed by law was imposed in a proceeding free of jurisdictional defect, there was nothing to appeal. This court held that that the petitioner was not entitled to appeal his conviction. It was error, therefore, for the trial court to award the petitioner a writ of habeas corpus.

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Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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