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Court examines 'entry' of guilty plea withdrawal motions

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The Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t file a request in writing or justify the withdrawal.

In Thomas A. Peel v. State, No. 76A05-1012-CR-809, the appellate court upheld a judgment from Steuben Circuit Judge Allen Wheat regarding nonsupport of a dependent, a Class C felony. The state charged Peel in May 2009 for the child support arrearage of more than $15,000, and then several months later amended the information to reflect an increase in the total of more than $22,000.

Peel pleaded guilty in August 2010 and acknowledged at the plea hearing that he understood the terms of the agreement and was entering into the plea “knowingly, intelligently, and voluntarily.” More than four months later, the trial court held a sentencing hearing and Peel’s attorney stated that his client wanted to withdraw the guilty plea. Though the withdrawal request wasn’t made in writing as required by Indiana Code 35-35-1-4(b), Peel’s attorney said his client had felt pressured to enter the plea agreement because his cellmate had committed suicide and that traumatic experience influenced his decision about what was in his own best interest.

The trial court denied the motion and heard sentencing arguments, then entered its judgment of conviction and sentence. The judge then issued a written order confirming its denial of Peel’s verbal plea withdrawal motion and concluded it was appropriate under IC 35-35-1-4(b).

On appeal, Peel argued that state statute doesn’t apply to his motion because the verbal request was made before the court entered judgment on the plea. Specifically, the law states that, “After entry of a plea of guilty… the court may allow the defendant by motion to withdraw his plea of guilty… for any fair and just reason unless the state has been substantially prejudiced by reliance upon the defendant’s plea.”

That statute also says the motion “shall be in writing and verified”… and that it “shall state facts in support of the relief demanded.”

Relying on an Indiana Supreme Court case a decade ago in Brightman v. State, 758 N.E. 2d 41, 44 (Ind. 2001), the appellate panel noted that statute governs motions filed “after a defendant pleads guilty but before a sentence is imposed.”

As a result, the appeals panel found Peel incorrectly interpreted the statute to say that it only applies after the “entry of judgment” on a guilty plea.”

“But the plain statutory language is broader than Peel suggests, and it applies anytime ‘after entry of a plea of guilty,’” Judge Edward Najam wrote, using Black’s Law Dictionary to determine the word “entry” means the placement of something before the court.

Peel confuses the two distinct phases of “entry” and “acceptance” of a guilty plea, the appellate panel determined.

Since the statute applied and he didn’t make it in writing as required, the appeals court determined that the trial judge correctly denied his motion. The issue is waived and the appellate court didn’t address whether the motion might have been aimed at correcting any “manifest injustice” as the state Supreme Court has determined these motions are meant to address.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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