ILNews

High court vacates post-conviction relief petition

Back to TopCommentsE-mailPrintBookmark and Share

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.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

ADVERTISEMENT