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. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

ADVERTISEMENT