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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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