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. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. 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.

  3. 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.

  4. 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)

  5. 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)

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