Kukes v. Rhay
Kukes v. Rhay
Opinion of the Court
Upon his plea of guilty, a judgment and sentence was entered on June 8, 1965, in the Superior Court for Yakima County, finding petitioner Gary Eugene Kukes guilty of first-degree forgery. He is presently incarcerated in the Washington State Penitentiary. Petitioner’s previous application for a writ of habeas corpus made to the Superior Court in Walla Walla County was denied on June 18, 1970. He has now filed an original application for writ of habeas corpus in this court.
Petitioner contends he was not afforded effective aid of counsel; his counsel colluded with the prosecutor and probation office; he was never informed of the consequences of his plea of guilty; and all of these acts were in violation of his constitutional rights. The mere allegation of a violation of constitutional rights is not sufficient to start a
Second, petitioner contends the prosecuting attorney and the sentencing judge submitted material misstatements to the Board of Prison Terms and Paroles, resulting in the fixing of an excessive term. It is evident this contention does not go to the constitutionality of petitioner’s plea or any of the court proceedings and therefore is not properly before us on petition for writ of habeas corpus.
Petition is denied.
Reference
- Full Case Name
- In the Matter of the Application for a Writ of Habeas Corpus of Gary Eugene Kukes v. B. J. Rhay, as Superintendent of the State Penitentiary
- Cited By
- 1 case
- Status
- Published