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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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