Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CARL OWENS, APPELLANT (DEFENDANT BELOW), v. STATE OF WYOMING, APPELLEE (PLAINTIFF BELOW).

PER CURIAM.

The defendant in this case, Carl Owens, has applied for post-conviction relief under Ch. 63, S.L. of Wyoming 1961.

The record discloses that Owens was sentenced by the district court in Natrona County, Wyoming, on April 23, 1963, to the Wyoming State Penitentiary for a term of not less than five years nor more than ten years, as a result of a plea of guilty to the charge of breaking and entering.

On August 29, 1963, defendant filed a petition in the same court alleging that his plea of guilty had been obtained by force and duress, and that his punishment was cruel and unusual. The petition having been filed by petitioner without an attorney, the district court appointed counsel for him and proceeded to a full hearing of the application for relief.

This hearing resulted in a dismissal of the petition for relief, with a finding that there had been no denial of the rights of the accused under the Constitution of the United States or the State of Wyoming, and that petitioner was not being illegally restrained of his liberty. Thereupon defendant, through his court-appointed attorney, appealed to the Supreme Court of Wyoming and caused a complete record of all proceedings, including a transcript of all testimony, to be furnished for defendant at public expense.

We have carefully reviewed the entire record of proceedings, both with respect to the initial commitment and the post-conviction application. Nothing is disclosed which would support defendant's allegations of force or duress or cruel and unusual punishment, and we must therefore hold that the application for post-conviction relief was properly denied.

Affirmed.

Use AI to get other relevant cases.

Comments

OWENS v. STATE
(Jan 26, 1965)