Lusk v. State
Lusk v. State
Opinion of the Court
Appeal from an order of the district court denying a petition for post-conviction relief. Petitioner, Ronald K. Lusk, contends that the record establishes that his physical and mental condition at the time of arraignment prevented him from intelligently and understandingly entering a plea of guilty. He also contends that his statements to the court at the time of arraignment were inconsistent with an admission of guilt.
From the record it appears that petitioner and an accomplice were apprehended on December 29, 1960, during the course of an armed robbery and following a gun battle with police in which petitioner was critically wounded. He was confined to the Minneapolis General Hospital on December 29,1960. While in the hospital he underwent five operations and was given various medications, including drugs designed to relieve pain and induce sleep. The last sleep-inducing medication was given to petitioner on the evening of January 17, 1961. He was discharged from the hospital on January 18. He appeared in court on January 19 and was charged by information with robbery in the first degree, contrary to Minn. St. 1957, § 619.42. Arraignment was deferred to give him an opportunity to procure counsel.
“Nothing in the General Hospital chart received in evidence in these proceedings indicates or suggests that the petitioner at any time was incapable of understanding his situation or the proceedings taken against him upon the Information filed by the Hennepin County Attorney.
“Nothing in the transcripts of any of the proceedings taken by the State against the petitioner pursuant to the aforementioned Information indicate that his physical and mental condition at the time of any such hearings was such that he was incapable of understanding the proceedings against him.”
The record indicates that, at best, petitioner’s statements amount to an equivocal inability to recollect the circumstances under which his plea of guilty was entered. The record wholly belies petitioner’s self-serving claims of memory lapse, which are not corroborated by any medical testimony. We find nothing in the record which would warrant the conclusion that petitioner’s plea of guilty was improvidently received. Swanson v. State, 284 Minn. 66, 169 N. W. (2d) 32; State ex rel. Gowdy v. Tahash, 284 Minn. 528, 169 N. W. (2d) 30.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.