ILNews

Plea can't be challenged with new evidence

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT