Plea can't be challenged with new evidence

Jennifer Nelson
January 1, 2008
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In a case of first impression, the Indiana Supreme Court ruled a guilty plea can't be challenged in post-conviction proceedings by a claim of newly discovered evidence regarding the events making up the crime.

In Shawn E. Norris v. State of Indiana, No. 43S03-0807-CR-379, Shawn Norris appealed the post-conviction court's grant of the state's motion for summary disposition on Norris' petition for post-conviction relief. Norris pleaded guilty four years earlier to molesting his sister's child, served his sentence, and then later filed the petition for relief on grounds of newly discovered evidence. His sister, whose allegations resulted in the child molesting charges against Norris, recanted her story and said that because of Norris' limited mental capacity, she could convince him to say anything she wanted him to believe.

Norris believed these submissions from his sister entitled him to an evidentiary hearing on his petition for post-conviction relief. He wanted the court to set aside and vacate his conviction.

Here, Norris is seeking to undermine the sanctity of his own guilty plea by challenging the facts presented to the police that led to his arrest; he isn't contesting testimonial evidence at the trial that resulted in determination of guilt notwithstanding a not-guilty plea. Indiana's post-conviction procedures don't expressly address that distinction, wrote Justice Brent Dickson.

"It is inconsistent to allow defendants who pleaded guilty to use post-conviction proceedings to later revisit the integrity of their plea in light of alleged new evidence seeking to show that they were in fact not guilty. Both his confession and his new claims cannot be true," wrote the justice.

With the acceptance of his guilty plea, Norris waived the right to present evidence regarding guilt or innocence. A defendant can have recourse to post-conviction proceedings to seek to withdraw his guilty plea whenever the guilty plea wasn't knowingly and voluntarily made, but Norris isn't asserting that claim, wrote Justice Dickson.

Justices Theodore Boehm and Robert Rucker concurred in a separate opinion, agreeing Norris hadn't shown the post-conviction court erred in dismissing his petition, but the two justices don't agree that a guilty plea precludes a court from granting post-conviction relief on a claim of actual innocence. Justice Boehm gives the example of a defendant pleading guilty to a lesser charge in the face of highly persuasive but not conclusive evidence of guilt in a crime carrying a higher penalty.

"The interest of justice surely requires overturning a conviction of an innocent person," he wrote.

But, in the instant case, Norris didn't present evidence that meets the standards required by Post-Conviction Rule 1(a)(4), therefore there isn't enough to overcome the strong presumption that a guilty plea is in fact a truthful admission of guilt, he wrote.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.