Adcock v. State

• Decision Date: 02 July 1982
• Docket Number: No. 281S43,281S43
• Citation: 436 N.E.2d 799
• Parties: Richard ADCOCK, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 799

436 N.E.2d 799

Richard ADCOCK, Appellant, v. STATE of Indiana, Appellee.

No. 281S43.

Supreme Court of Indiana.

July 2, 1982.

Harriette Bailey Conn, Public Defender, Paul E. Levy, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Thomas D. Quigley, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

The petitioner-appellant was indicted for first degree murder in March, 1975, in the killing of his wife. After initially entering a special plea of insanity, he entered into a plea agreement with the State in which he agreed to plead guilty to second degree murder and receive a sentence of fifteen to twenty-five years' imprisonment. The court accepted the plea and imposed the agreed-upon sentence. Petitioner then filed a petition for post-conviction remedy, later amended, which was denied. The amended petition, seeking withdrawal of the guilty plea, alleged that at the time of the guilty plea hearing he was not competent to enter a plea; and that his plea was not made voluntarily and that he was misled by certain statements by the court and was not properly advised that he could be found not guilty if he exercised his right to a trial.

The appeal raises three issues: (1) whether the post-conviction remedy court erred in determining that the plea was entered voluntarily and intelligently in light of evidence that the petitioner suffered from a serious mental illness at the time he entered the plea of guilty; (2) whether the post-conviction remedy court erred in determining that the plea was voluntary in light of evidence elicited at the guilty plea and sentencing hearing that the petitioner was insane at the time he killed his wife; (3) whether the post-conviction remedy court erred in finding that the petitioner was properly advised by the court in the guilty plea hearing in light of the sentencing court's failure to address him to inquire whether any promises, force, or threats were used to obtain the plea.

I.

The argument supporting the first claim centers on part of the evidence presented at the post-conviction remedy hearing which the petitioner claims proves that he was suffering from a serious mental illness at the time of the plea and therefore was incapable of entering the plea knowingly and intelligently. The evidence includes reports made by a psychologist and a psychiatrist hired by the defense to evaluate whether the defendant was competent to stand trial, at a point in the criminal proceedings before the plea agreement was arranged and the petitioner's special plea of insanity had been entered. The psychiatrist's report concluded with the opinion that the petitioner was "unable to truly appreciate the nature of the charges against him or actually assist in his own defense." The evidence also included a transcript of the guilty plea hearing which shows that the petitioner told the trial court judge that he was not guilty of second degree murder and that God had forced him to kill his wife. Also included was a psychiatric report on the petitioner, prepared after his commitment to the Department of Corrections, by the Reception and Diagnostic Center. The report concluded that the petitioner had been "suffering from serious mental symptoms for very many years," and was schizophrenic.

There was, however, evidence presented at the post-conviction remedy hearing which tended to support the inference that appellant was not suffering from an incapacitating mental illness at the time his plea was offered. From the record of the plea proceeding it was shown that appellant was accompanied at the time by his attorney, that he was satisfied with his attorney's help, that he understood the charges against him, and that he gave a detailed description of events at the time of the crime. His attorney was asked by the court whether the plea was the proper course of action for appellant and he replied:

"I believe I have given an affirmative answer to the question, and I indicated that I believe we should. He was competent in his discussions with me as to these matters as to the facts in the case, and alternatives available, and he did freely, intelligently, and voluntarily enter into the plea agreement."

The evidence at the post-conviction relief hearing also included the determination of the trial judge that appellant had been competent to stand trial some months before the plea was given.

In a proceeding for post-conviction relief, the petitioner has the burden of establishing his grounds for relief by a preponderance of the evidence. Ind.R.P.C. 1, § 5. The judge hearing the petition is the sole judge of the weight of the evidence and the credibility of witnesses. Turman v State, (1979) Ind., 392 N.E.2d 483. On appeal from an adverse judgment, the petitioner must demonstrate that "the evidence as a whole was such that it leads unerringly and unmistakably to a decision in his favor; that is, one opposite to that reached by the trial court." Sotelo v. State, (1980) Ind., 408 N.E.2d 1215, 1216.

Petitioner claims that, "faced with evidence that he was psychotic, schizophrenic, and had suffered from serious mental illness for many years, the trial...