Perri v. State of Maine

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STATE OF MAINE SUPERIOR COURT. CRIMINAL ACTION DOCKET NO., CR-Q6-760 KENNEBEC, ss. -'lit> - l\ E, GERALD PERRI, .. ,'1"'0"-' , - , >'- fj/ '6'/' . ~···~'":':':"~RT Petitioner v. ORDER STATE OF MAINE, Respondent Before this court is a petition for post-conviction review. A hearing was held on May 5, 2009. Evidence was taken by way of testimony from the petitioner Gerald Perri, as well as David Kline, and Mr. Perri's attorney during his criminal case, David Crook, Esq. Following the evidence, this court for reasons stated on the record denied the petitioner's request for post-conviction review. The court finds and concludes that the petitioner failed to prove the allegations in ground one that he was threatened and/ or coerced into entering his plea of guilty. The court further finds and concludes that the allegations set out in ground two are also not proved. Petitioner failed to prove that even if the attorney had contacted the people he alleges in ground two, that it would have made any difference in his decision to enter a plea of guilty. Finally, petitioner also failed to prove the allegations set out in ground three. Since this was an agreed upon disposition reached between the parties, there is no need to present mitigating circumstances to the court. petitioner raises in ground three were without merit. Also, the other concerns that the 2 For the reasons stated above, the court DENIES the petitioner's request for postconviction relief. Dated: May q;; , 2009 Attorney for petitioner: David Paris, Esq. 72 Front St. Bath, ME 04530~2657 Attorney for the State of Maine: Paul Rucha, Esq. Assistant District Attorney Kennebec County Courthouse 95 State St. Augusta, ME 04333 GERALD PERRI SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2006-00760 vs STJI.TE OF MAINE DOCKET RECORD PL. DOB: 02/01/1969 PL. ATTY: DAVID PARIS 72 FRONT STREET BATH ME 04530-2657 APPOINTED 08/22/2006 State's Attorney: EVERT FOWLE Filing Document: PETITION Filing Date: 07/18/2006 Major Case Type: POST CONVICTION REVIEW Charge(s) Docket Events: 07/18/2006 FILING DOCUMENT - PETITION FILED ON 07/18/2006 07/18/2006 POST CONVIC. REVIEW - REVIEW SENT FOR REVIEW ON 07/18/2006 08/18/2006 POST CONVIC. REVIEW - ASSIGNMENT ASSIGNED TO DOCKET ON 08/16/2006 08/24/2006 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 08/22/2006 08/24/2006 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 08/22/2006 COPY TO PARTIES/COUNSEL 08/24/2006 Party(s): GERALD PERRI ATTORNEY - APPOINTED ORDERED ON 08/22/2006 Attorney: DAVID PARIS 08/25/2006 ORDER - SPECIAL ASSIGNMENT ENTERED ON 08/17/2006 ASSIGNED TO JUSTICE STUDSTRUP 09/19/2006 MOTION - MOTION FOR ENLARGEMENT OF TIME FILED BY PETITIONER ON 09/18/2006 09/19/2006 ORDER 09/27/2006 MOTION - TRANSCRIPT ORDER FILED ON 09/18/2006 MOTION TO PREPARE TRANSCRIPT FILED BY STATE ON 09/25/2006 MAILED TO ELECTRONIC RECORDING 09/27/2006 MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 09/25/2006 COpy TO PARTIES/COUNSEL ADDITIONAL 30 DAYS TO FILE AMENDED PETITION. 11/28/2006 OTHER FILING - TRANSCRIPT FILED ON 11/27/2006 01/23/2007 SUPPLEMENTAL FILING - AMENDED PETITION FILED ON 01/23/2007 02/08/2007 POST CONVIC. REVIEW - GIVEN RESPONSE TO PETITION FILED ON 02/08/2007 02/08/2007 MOTION - MOTION TO DISMISS FILED BY STATE ON 02/08/2007 Page 1 of 3 Printed on: 05/08/2009 STATE OF MAINE AUGSC-CR~2006-00760 DOCKET RECORD OS/22/2007 POST CONVIC. REVIEW - PCR CONFERENCE SCHEDULED FOR 06/12/2007 @ 8:30 OS/22/2007 POST CONVIC. REVIEW - PCR CONFERENCE NOTICE SENT ON OS/22/2007 06/15/2007 POST CONVIC. REVIEW PCR CONFERENCE HELD ON 06/12/2007 S KIRK STUDSTRUP , JUSTICE Attorney: DAVID PARIS DA: PAUL RUCHA Defendant Not Present in Court HEARING TO TAKE PROBABLY 2 HOURS AND TO BE HELD AT THE MSP IN WARREN 09/19/2008 POST CONVIC. REVIEW - ASSIGNMENT ASSIGNED TO JUSTICE ON 09/15/2008 JOSEPH M JABAR , JUSTICE 10/31/2008 POST CONVIC. REVIEW - PCR CONFERENCE SCHEDULED FOR 12/04/2008 @ 11:30 JOSEPH M JABAR , JUSTICE 10/31/2008 POST CONVIC. REVIEW - PCR CONFERENCE NOTICE SENT ON 10/31/2008 12/08/2008 POST CONVIC. REVIEW - PCR CONFERENCE HELD ON 12/04/2008 JOSEPH M JABAR , JUSTICE Attorney: DAVID PARIS DA: PAUL RUCHA 12/08/2008 ORDER - COURT ORDER FILED ON 12/04/2008 JOSEPH M JABAR , JUSTICE A PRE-HEARING CONF. WAS HELD ON 12/4/08. IT IS HEREBY ORDERED THAT THE PETITIONER HAS UNTIL APRIL 1, 2009 TO FILE HIS RESPONSE TO THE RESPONDENT'S MOTION TO DISMISS. FAILURE OF THE PETITIONER TO RESPOND MAY RESULT IN DISMISSAL OF HIS ACTION. IT IS FURTHER ORDERED THAT THE PARTIES FILE WITNESS LISTS BY APRIL 1, 2009. THIS CASE WILL BE SET FOR HEARING DURING THE MONTH OF MAY 2009 04/01/2009 OTHER FILING - WITNESS LIST FILED BY DEFENDANT ON 04/01/2009 04/01/2009 OTHER FILING - OTHER DOCUMENT FILED ON 04/01/2009 PETITIONER'S RESPONSE TO MOTION TO DISMISS AND CLARIFICATION OF GROUND 2 AND 3 OF PETITION FOR POST CONVICTION REVIEW 04/14/2009 HEARING - EVIDENTIARY HEARING SCHEDULED FOR 05/05/2009 @ 1:00 in Room No. 2 JOSEPH M JABAR , JUSTICE NOTICE TO PARTIES/COUNSEL 04/14/2009 HEARING - EVIDENTIARY HEARING NOTICE SENT ON 04/14/2009 04/14/2009 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 04/14/2009 CERTIFIED COpy TO SHERIFF DEPT. 05/06/2009 HEARING - EVIDENTIARY HEARING HELD ON 05/05/2009 JOSEPH M JABAR , JUSTICE Attorney: DAVID PARIS DA: PAUL RUCHA Reporter: JANETTE COOK Defendant Present in Court 05/08/2009 FINDING - DENIED ENTERED BY COURT ON 05/08/2009 JOSEPH M JABAR / JUSTICE 05/08/2009 ORDER - COURT ORDER ENTERED ON 05/08/2009 JOSEPH M JABAR , JUSTICE DENIAL OF POST CONVICTION REVIEW Page 2 of 3 Printed on: 05/08/2009 STATE OF MAINE AUGSC-CR-2006-00760 DOCKET RECORD A TRUE COPY ATTEST: Clerk Page 3 of 3 Printed on: 05/08/2009

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