Herman v. State
| Decision Date | 24 August 1988 |
| Docket Number | No. 785S281,785S281 |
| Parties | William HERMAN, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Pat Riley, Riley & Riley, Rensselaer, John B. Wilson, Nashville, for appellant.
Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.
This is an appeal from denial of a petition for post-conviction relief. There are two issues presented: (1) whether the post-conviction court erred by failing to make specific written findings of fact and conclusions of law; and (2) whether the post-conviction court erred in its determination that appellant's guilty plea was knowingly and voluntarily entered.
Appellant raises the issue of the post-conviction court's failure to include specific findings of fact and conclusions of law in its order denying post-conviction relief but fails to present argument or citation in support. While Indiana Rules of Procedure for Post-Conviction Remedies Rule 1, Sec. 6 provides "[t]he court shall make specific findings of fact, and conclusions of law on all issues presented", when the issues are sufficiently presented for review and addressed by the parties, the failure to enter specific findings of fact and conclusions of law is not reversible error. Lowe v. State (1983), Ind., 455 N.E.2d 1126.
The order denying post-conviction relief consists of eleven pages of detailed analysis concerning each issue presented by appellant. While not labeled as findings of fact and conclusions of law, the order contains sufficient information to enable review on the merits. There is no reversible error.
Appellant claims his guilty plea was not voluntarily or intelligently entered because the trial court failed to advise him according to Ind.Code Sec. 35-4.1-1-3, now Ind.Code Sec. 35-35-1-2. He claims he was not adequately advised concerning the following:
(a) the court would proceed with judgment and sentencing if a plea was entered;
(b) the right to a speedy and public trial by jury;
(c) that the State was required to prove his guilt beyond a reasonable doubt;
(d) the possibility of receiving an increased sentence based upon his prior convictions;
(e) the court was not a party to nor bound by the plea agreement.
He also asserts that there was an insufficient factual basis presented for him to understand the nature of the charges against him.
In White v. State (1986), Ind., 497 N.E.2d 893, the majority of this court set a new standard for reviewing guilty pleas. White established that:
The efforts in the litigation below do not meet the requisite burden. There is no showing that the trial court's failure to advise appellant of these rights or to require a...
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Allen v. State
...10-11, 15-17. However, "the failure to enter specific findings of fact and conclusions of law is not reversible error." Herman v. State, 526 N.E.2d 1183, 1184 (Ind.1988). Instead, we review Allen's claim de Our review of the record indicates that trial counsel could have made a reasonable s......
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Kirk v. Duckworth
... ... Faulkner, 689 F.2d 100 (7th Cir.1982). The state court record, in a limited version, was filed on August 14, 1989 and has been examined pursuant to the mandates of Townsend v. Sain, 372 U.S. 293, 83 ... See Herman v. State of Indiana, 526 N.E.2d 1183 (Ind.1988); Fisher v. State of Indiana, 519 N.E.2d 539 (Ind.1988); Douglas v. State of Indiana, 510 N.E.2d 682 ... ...
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Williams v. State
...court in accepting a guilty plea are set forth with great specificity in our statutes and case law. See White, supra, and Herman v. State (1988), Ind., 526 N.E.2d 1183. We may not impose upon the courts the additional duty of inquiring into the citizenship and immigration status of criminal......