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 the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"