Peterson v. Houston
Annotate this CaseOn October 7, the State filed an amended information in Butler County charging Appellant with one count of attempted first degree sexual assault and one count of second-offense violation of a protection order. Appellant was convicted of both offenses. On September 4, an information filed in Platte County charged Appellant with attempted first degree sexual assault. Appellant pled guilty. Appellant subsequently sought habeas corpus relief challenging the Butler County convictions, alleging (1) he was being illegally detained because the amended information was fatally defective, (2) his counsel in the Butler County case was ineffective, and (3) he was innocent of the charges. The district court denied the habeas corpus petition and Appellant's motion to proceed in forma pauperis. The Supreme Court affirmed, holding that the district court did not err in denying Appellant's application to proceed in forma pauperis on the ground that the legal positions asserted in the petition for writ of habeas corpus which he sought to file were frivolous.
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