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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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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