High court vacates post-conviction relief petition

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Although the Indiana Supreme Court vacated the post-conviction court's grant of a petition for relief, it remanded the issue to determine if it should be granted on other grounds raised in the petition.

In State of Indiana v. Michael A. Cozart, No. 22S01-0803-PC-145, the post-conviction court granted Michael Cozart's petition for relief after ruling that because the trial court didn't advise him that his sentence could not be suspended below the statutory minimum, his guilty plea couldn't have been entered knowingly, intelligently, and voluntarily.

Cozart had agreed to plead guilty to conspiracy to deal in cocaine as a Class A felony so the state would drop his remaining drug charges; the agreement was described as a "blind plea" and called for "open sentencing."

The trial court advised Cozart on the sentence for a Class A felony, including the maximum and minimum sentences, depending on mitigating and aggravating circumstances. Cozart was lead to believe by his attorney that by having open sentencing, the judge could reduce his sentence below the 20-year minimum. However, since he had a prior unrelated felony conviction, statute requires the minimum sentence to be 20 years.

Cozart objected at sentencing to the 20-year sentence and filed a motion to correct error; the motion was denied. Cozart filed a petition for post-conviction relief asking to set aside his plea and vacate his conviction on three grounds: the plea was involuntarily entered because he didn't know of the minimum or maximum sentences that could be imposed; he received ineffective assistance of counsel; and the trial court erred in failing to allow him to withdraw his guilty plea.

The record shows the trial court didn't tell Cozart his sentence couldn't be suspended below the statutory minimum, wrote Justice Robert Rucker, but the court wasn't statutorily required to do so. Because the trial court advised him of only the rights dictated by statute or required by the state or federal constitution, the post-conviction court erred in vacating Cozart's conviction and setting aside his guilty plea on those grounds, wrote Justice Rucker.

However, Cozart may be entitled to relief under his petition on the other grounds he raised, the justice wrote.

"In this case limiting its findings to the adequacy of the trial court's advisements, the post-conviction court did not address and thus made no findings on Cozart's claims of ineffective assistance of counsel, or Cozart's claim of trial court error in denying his motion to withdraw his guilty plea," wrote Justice Rucker. "Both claims require resolution of possibly competing factual inferences, which appellate courts are in no position to resolve."

The Supreme Court remanded to the post-conviction court for an entry of findings of fact and conclusions of law addressing the remaining claims in his petition for relief.


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.