ILNews

S.C. grants transfer on plea agreement issue

Jennifer Nelson
January 1, 2007
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The Indiana Supreme Court will decide in a case of first impression whether a criminal defendant can waive the right to appeal in a plea agreement. The Indiana Court of Appeals ruled on this issue twice this year and decided defendants can waive the right to a direct appeal of a sentence.

The Supreme Court granted transfer Thursday for Timothy Ray Creech v. State of Indiana (NFP), 35A02-0612-CR-1140. Creech pleaded guilty to child molestation and later appealed his six-year sentence. During his guilty plea, Creech stated he understood he has the right to appeal his sentence if there is an open plea, but he waived the right to appeal his sentence as long as the Judge "sentences me within the terms of my plea agreement." The court sentenced Creech to the maximum under the plea agreement.

As the Court of Appeals noted in another case dealing with the same issue, Santiago Perez v. State of Indiana, 866 N.E.2d 817 (Ind. Ct. App. 2007), there are no Indiana decisions addressing an express waiver of the right to a direct appeal as part of a plea bargain agreement. In Perez, the Court of Appeals held that a defendant may in a plea agreement waive his right to direct appeal of his sentence because plea agreements are contractual in nature and bind the defendant, state, and trial court.

In Creech, the Court of Appeals referenced Perez in ruling Creech waived his right to a direct appeal because he expressly agreed to do so in his plea agreement.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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