Jimmy D. White v. Dewey Sowders and David Armstrong

Sixth Circuit

Jimmy D. White v. Dewey Sowders and David Armstrong

848 F.2d 195, 1988 U.S. App. LEXIS 6355, 1988 WL 47452

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 13, 1988

Docket87-6225

StatusUnpublished

This text of 848 F.2d 195 (Jimmy D. White v. Dewey Sowders and David Armstrong) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jimmy D. White v. Dewey Sowders and David Armstrong, 848 F.2d 195, 1988 U.S. App. LEXIS 6355, 1988 WL 47452 (6th Cir. 1988).

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848 F.2d 195

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Jimmy D. WHITE, Petitioner-Appellant,
v.
Dewey SOWDERS and David Armstrong, Respondents-Appellees.

No. 87-6225.

United States Court of Appeals, Sixth Circuit.

May 13, 1988.

Before KRUPANSKY and DAVID A. NELSON, Circuit Judges, and JAMES D. TODD, District Judge.*

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Petitioner has not proved that he received ineffective assistance of counsel so as to justify granting his petition. See Strickland v. Washington, 466 U.S. 668, 687 (1984). Counsel's failure to challenge the previous conviction was not ineffective assistance because the previous state conviction was valid. Review of the record shows that the plea was knowingly and voluntarily entered. See Boykin v. Alabama, 395 U.S. 238 (1969); Berry v. Mintzes, 726 F.2d 1142, 1146 (6th Cir.), cert. denied, 467 U.S. 1245 (1984). Petitioner waived a long list of rights in this case and the record reflects a full understanding of the direct consequences so that the plea represents a voluntary and intelligent choice. See North Carolina v. Alford, 400 U.S. 25, 31 (1970).

Likewise, counsel's assistance was not ineffective when he failed to object to the admission of an unsigned judgment into evidence. There is no statutory requirement under Ky.Rev.Stat. Sec. 532.080 (Baldwin 1982) that any judgment be entered into the record when proving the existence of a prior conviction. Jackson v. Commonwealth, 703 S.W.2d 883, 885 (1986).

The district court's order dismissing the petition is accordingly affirmed. Rule 9(b)(5), Rules of the Sixth Circuit.

*

The Honorable James D. Todd, U.S. District Judge for the Western District of Tennessee, sitting by designation

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848 F.2d 195

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Jimmy D. WHITE, Petitioner-Appellant,
v.
Dewey SOWDERS and David Armstrong, Respondents-Appellees.

No. 87-6225.

United States Court of Appeals, Sixth Circuit.

May 13, 1988.

Before KRUPANSKY and DAVID A. NELSON, Circuit Judges, and JAMES D. TODD, District Judge.*

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Petitioner has not proved that he received ineffective assistance of counsel so as to justify granting his petition. See Strickland v. Washington, 466 U.S. 668, 687 (1984). Counsel's failure to challenge the previous conviction was not ineffective assistance because the previous state conviction was valid. Review of the record shows that the plea was knowingly and voluntarily entered. See Boykin v. Alabama, 395 U.S. 238 (1969); Berry v. Mintzes, 726 F.2d 1142, 1146 (6th Cir.), cert. denied, 467 U.S. 1245 (1984). Petitioner waived a long list of rights in this case and the record reflects a full understanding of the direct consequences so that the plea represents a voluntary and intelligent choice. See North Carolina v. Alford, 400 U.S. 25, 31 (1970).

Likewise, counsel's assistance was not ineffective when he failed to object to the admission of an unsigned judgment into evidence. There is no statutory requirement under Ky.Rev.Stat. Sec. 532.080 (Baldwin 1982) that any judgment be entered into the record when proving the existence of a prior conviction. Jackson v. Commonwealth, 703 S.W.2d 883, 885 (1986).

The district court's order dismissing the petition is accordingly affirmed. Rule 9(b)(5), Rules of the Sixth Circuit.

*

The Honorable James D. Todd, U.S. District Judge for the Western District of Tennessee, sitting by designation

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848 F.2d 195, 1988 U.S. App. LEXIS 6355, 1988 WL 47452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jimmy-d-white-v-dewey-sowders-and-david-armstrong-ca6-1988.

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