Zachariah Minix v. Kentucky

Petitioner, Zachariah M. Minix (Minix), appeals as a matter of right from an Adair County Circuit Court Judgment and Sentence on Plea of Guilty that imposed an aggregate sentence of twentyfive (25) years for the offenses of Kidnapping – Minor, unlawful Transaction with a Minor in the Second Degree, Rape in the Second Degree, Possess/View Matter Portraying Sexual Performance by Minor, and Possession of Marijuana. The trial court’s entry of Judgment followed its denial of Minix’s Motion to Withdraw his pleas of guilty and denying him a hearing on the Motion, which Minix contends was a violation of his Due Process Rights and abuse of the trial court’s discretion under Kentucky Rule of Criminal Procedure (“RCr”) 8.10. I. Were the Petitioner’s federal due process rights under the Fifth Amendment of the United States Constitution, as made applicable to the States by the Fourteenth Amendment to the United States Constitution, violated when the Petitioner’s request to withdraw his plea of guilty and proceed to trial was denied by the Adair County Circuit Court and affirmed by the Supreme Court of Kentucky? II. Were the Petitioner’s federal due process rights under the Fifth Amendment of the United States Constitution, as applied to the States via the