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

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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.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.