ILNews

Court examines 'entry' of guilty plea withdrawal motions

Back to TopCommentsE-mailPrintBookmark and Share


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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

ADVERTISEMENT