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COA sides with pro se defendant in murder case

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The Indiana Court of Appeals has ruled that a trial court erred when it accepted a man’s guilty plea to murder, because the defendant had at the same time claimed his innocence.

In the case of Stacey R. Huddleston, Jr., v. State of Indiana , No.  20A05-1012-PC-813, Stacey Huddleston appealed the denial of his petition for post-conviction relief, stating that his guilty plea was not entered knowingly, intelligently, and voluntarily, and that he wished to proceed pro se, due to ineffective counsel. He filed the same appeal in March 2010, but the PCR court denied his request. Huddleston now appeals, pro se.

In December 2004, Huddleston’s cousin, Ronald White, called to say that someone had broken into his apartment and stolen Huddleston’s video game system. Huddleston went to White’s apartment with the intent of fighting the suspected burglar – 15-year-old S.G.

Huddleston said he thought his cousin had intended to scare S.G., when White, standing outside, asked Huddleston to go back into the apartment and get his knife. White, Huddleston, and S.G. walked to a store, and White hit S.G. in the face with a soda can. S.G. ran, and White caught up with him, stabbing him once in the back and killing him. Huddleston ran away.

In January 2005, Huddleston was charged with murder. On the morning that the third day of trial was set to begin, Sept. 21, 2005, Huddleston pleaded guilty on advice of counsel. The factual basis for the plea consisted solely of Huddleston being questioned by the deputy prosecutor.

During questioning with the deputy prosecutor, Huddleston said he did not think his cousin was capable of murdering someone and never suspected that would be the outcome when he gave White the knife. Huddleston, responding to a question, agreed that he understood that as an accessory, he was guilty of the crime of murder.

The trial court questioned him further about the guilty plea, and when asked if he had knowingly participated in the murder, Huddleston said, “Yeah. I was there. Yes, sir. I was there, yes, sir.” The court subsequently accepted the guilty plea, sentencing Huddleston to 50 years. On direct appeal, the court affirmed the sentence.

In his most recent appeal, Huddleston contended that by insisting during the guilty plea factual basis hearing that he did not know or intend that S.G. would be killed, the trial court should not have accepted his guilty plea, pursuant to the holdings in Harshman v. State, 232 Ind. 618, 115 N.E.2d 501 (1953), and Ross v. State, 456 N.E.2d 420 (Ind. 1983). In Harshman, the Supreme Court held, “a plea of guilty tendered by one who in the same breath protests his innocence, or declares he actually does not know whether or not he is guilty, is no plea at all. Certainly it is not a sufficient plea upon which to base a judgment of conviction.”

The appeals court wrote that the state has not directly responded to Huddleston’s argument that the trial court’s acceptance of his guilty plea violated the Ross/Harshman rule.

“We cannot conclude that Huddleston’s ultimate ‘yes’ to the question of whether he was guilty of murder was sufficient to override his earlier statements expressly denying the requisite culpability for murder,” the COA wrote.

The court held that the trial court erred in accepting the guilty plea and, consequently, the post-conviction court erred in denying Huddleston’s PCR petition. The appeals court remanded for further proceedings consistent with its opinion.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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