ILNews

Supreme Court takes closer reading of precedent in affirming post-conviction relief

Back to TopCommentsE-mailPrintBookmark and Share

A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
 
Russell Oney pleaded guilty in Marion Superior Court in 2002 to operating a vehicle while suspended as a HTV, a Class D felony. His designation as a HTV arose from his three operating a vehicle while intoxicated convictions.

Eight years after his guilty plea, Oney challenged his 1989 OWI conviction, alleging impropriety of the trial judge and violation of his right to counsel. The state did not oppose Oney’s petition for post-conviction relief and even entered into a joined “Agreed Entry of Post-Conviction Relief.”

The post-conviction court vacated the 1989 OWI conviction. Then Oney filed a motion to set aside his 2002 guilty plea. The trial court granted the motion, but the Indiana Court of Appeals reversed.

In arguing against the trial court’s ruling, the state asserted granting Oney’s motion contravened the precedent of the Supreme Court set forth in State v. Starks, 816 N.E.2d 32 (Ind. 2004). In that case, the Supreme Court held despite Starks’ guilty plea being set aside, he was not entitled to post-conviction relief.

Writing for the court, Justice Robert Rucker pointed out Starks was not entitled to post-conviction relief because the underlying OWI offense was vacated because of a procedural error.  

“But Starks cannot be read as standing for the proposition that the possibility of relief is forever foreclosed,” Rucker wrote. “Instead the Court declared: ‘[Although] it is not a sufficient basis for relief that the underlying offense has been set aside on procedural grounds’ however ‘if the person successfully demonstrates either to the BMV or to the court…that a ‘material error’ has occurred then the person is afforded the opportunity to pursue post-conviction relief.’”

In State of Indiana v. Russell Oney, 49A05-1212-CR-668, the Supreme Court found the Fayette County judge’s acceptance of the 1989 plea was a material error. While Oney initially maintained his innocence, he accepted the plea after repeatedly being urged by  the judge to do so.

The Supreme Court affirmed the trial court’s judgment, ruling the guilty plea and judgment conviction were voidable on the basis the underlying offense was vacated.


 

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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT