ILNews

Man cannot challenge evidence underlying conviction through PCR

Jennifer Nelson
December 6, 2013
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A man sentenced to 18 years after pleading guilty to a methamphetamine charge may not collaterally challenge the evidence underlying his conviction through a petition for post-conviction relief, the Indiana Court of Appeals ruled Friday.

The judges affirmed the denial of Everett Sweet’s pro se petition for post-conviction relief from his Class B felony dealing in methamphetamine conviction. He was charged after Jason Weinley found a mobile meth lab in Sweet’s backpack, which was at Weinley’s house.

Weinley was never questioned about his relationship with the Huntington Police Department, for which Sweet says he is a paid informant.

“Sweet asserts that his conviction must be reversed because, had his counsel not rendered ineffective assistance, his motion to suppress the State’s evidence would have been granted. This is, in effect, a challenge to the evidence underlying Sweet’s conviction,” Judge Edward Najam wrote in Everett Sweet v. State of Indiana, 35A02-1305-PC-451. “But Sweet’s conviction is based on his own guilty plea and the factual basis underlying his plea. Accordingly, he may not challenge the evidence underlying his conviction in the post-conviction forum. And Sweet does not suggest that, independent of his counsel’s alleged ineffective assistance, his guilty plea was neither counseled nor voluntary.

“In sum, our post-conviction rules do not permit a defendant who has pleaded guilty to collaterally challenge the evidence underlying his conviction.”
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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