Ballard v. State

Concurring Opinion

Arterburn, C.J.

I concur in the result of this opinion on the basis that the plea bargain in this case was tainted by duress as shown by the finding of the trial court. I do not think that post-conviction remedies should be applicable to good faith plea bargaining cases, and I believe our rule should be changed accordingly. Of course, if the plea bargain is based on duress, fraud or misrepresentation it should be set aside, but not otherwise.