Plea can't be challenged with new evidence

Jennifer Nelson
January 1, 2008
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In a case of first impression, the Indiana Supreme Court ruled a guilty plea can't be challenged in post-conviction proceedings by a claim of newly discovered evidence regarding the events making up the crime.

In Shawn E. Norris v. State of Indiana, No. 43S03-0807-CR-379, Shawn Norris appealed the post-conviction court's grant of the state's motion for summary disposition on Norris' petition for post-conviction relief. Norris pleaded guilty four years earlier to molesting his sister's child, served his sentence, and then later filed the petition for relief on grounds of newly discovered evidence. His sister, whose allegations resulted in the child molesting charges against Norris, recanted her story and said that because of Norris' limited mental capacity, she could convince him to say anything she wanted him to believe.

Norris believed these submissions from his sister entitled him to an evidentiary hearing on his petition for post-conviction relief. He wanted the court to set aside and vacate his conviction.

Here, Norris is seeking to undermine the sanctity of his own guilty plea by challenging the facts presented to the police that led to his arrest; he isn't contesting testimonial evidence at the trial that resulted in determination of guilt notwithstanding a not-guilty plea. Indiana's post-conviction procedures don't expressly address that distinction, wrote Justice Brent Dickson.

"It is inconsistent to allow defendants who pleaded guilty to use post-conviction proceedings to later revisit the integrity of their plea in light of alleged new evidence seeking to show that they were in fact not guilty. Both his confession and his new claims cannot be true," wrote the justice.

With the acceptance of his guilty plea, Norris waived the right to present evidence regarding guilt or innocence. A defendant can have recourse to post-conviction proceedings to seek to withdraw his guilty plea whenever the guilty plea wasn't knowingly and voluntarily made, but Norris isn't asserting that claim, wrote Justice Dickson.

Justices Theodore Boehm and Robert Rucker concurred in a separate opinion, agreeing Norris hadn't shown the post-conviction court erred in dismissing his petition, but the two justices don't agree that a guilty plea precludes a court from granting post-conviction relief on a claim of actual innocence. Justice Boehm gives the example of a defendant pleading guilty to a lesser charge in the face of highly persuasive but not conclusive evidence of guilt in a crime carrying a higher penalty.

"The interest of justice surely requires overturning a conviction of an innocent person," he wrote.

But, in the instant case, Norris didn't present evidence that meets the standards required by Post-Conviction Rule 1(a)(4), therefore there isn't enough to overcome the strong presumption that a guilty plea is in fact a truthful admission of guilt, he wrote.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...