Helton v. State, 185
| Decision Date | 27 June 1985 |
| Docket Number | No. 185,185 |
| Parties | Oscar A. HELTON, Appellant, v. STATE of Indiana, Appellee. S 15. |
| Court | Indiana Supreme Court |
Ferd Samper, Jr., Jill E. Greuling, Samper Hawkins Atz & Greuling, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.
A jury trial resulted in the conviction of appellant on Count I, Rape, a Class B felony; Count II, Criminal Deviate Conduct, a Class B felony; Counts III and IV, Child Molesting, Class C felonies; and Counts V and VI, Incest, Class D felonies.
After a finding by the court that some of the counts merged with others, appellant was sentenced to two ten (10) year sentences, five years of one sentence to merge with the other, making a total of fifteen (15) years of imprisonment.
One of the assigned errors in this cause requires reversal; therefore, the other matters will not be considered. Shortly after appellant's arrest, he was asked by Indiana State Police if he would agree to take a polygraph test. He indicated that he would be willing to do so. He then was asked to sign what is designated as a Stipulation and Agreement form which purports to be an agreement with the prosecuting attorney for the 63rd Judicial Circuit with the appellant stating that he would willingly take a polygraph test and that the results of the test could be used as evidence on behalf of the State of Indiana.
The appellant signed this agreement and the investigating Indiana State Police officer, Sergeant Samuel W. Kruse, also signed the agreement. There is no signature by the prosecuting attorney or anybody acting in his behalf. Trial counsel did not object to the admission of the polygraph examination or the results thereof into evidence. At a hearing on the Motion to Correct Error, trial counsel stated that he did not object because the waiver forms were "good and followed the statute."
Appellant now raises the question under his assignment of error that he did not have effective assistance of counsel. At the time this case was tried (May 30, 1984) the law had been established in Indiana for six years that in order for a polygraph waiver to be good it must be signed by both the defendant and a representative of the prosecuting attorney's office. See Owens v. State (1978), 176 Ind.App. 1, 373 N.E.2d 913. This well stated proposition of law in the Owens case was followed by this Court in the case of Pavone v. State (1980), ...
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Harris v. State
...that the stipulation must be signed both by the defendant and by a representative of the prosecuting attorney's office. Helton v. State (1985), Ind., 479 N.E.2d 538; Pavone v. State (1980), 273 Ind. 162, 402 N.E.2d 976. Where there is a valid stipulation, the trial court may decide within i......
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Patton v. State, 49A04-8809-PC-320
...before Patton's post-conviction relief hearing and Graham, supra was decided nearly two years before Patton's hearing. In Helton v. State (1985), Ind., 479 N.E.2d 538, and Smith v. State (1979), 272 Ind. 216, 396 N.E.2d 898, our supreme court deemed counsel ineffective for failure to know t......
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Patterson v. State
...State (1986), Ind., 489 N.E.2d 942. A waiver or stipulation must be written and signed by both parties to be enforceable. Helton v. State (1985), Ind., 479 N.E.2d 538; Pavone v. State (1980), 273 Ind. 162, 402 N.E.2d Appellant makes no showing of a written stipulation. Therefore, the polygr......