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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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