Hitlaw v. State
| Citation | 381 N.E.2d 527,178 Ind.App. 124 |
| Decision Date | 24 October 1978 |
| Docket Number | No. 1-278A41,1-278A41 |
| Parties | Jerry HITLAW, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Court of Appeals of Indiana |
Harriette Bailey Conn, Public Defender, Ihor N. Boyko, Deputy Public Defender, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., William E. Daily, Asst. Atty. Gen., Indianapolis, for appellee.
On October 25, 1976, an Information was filed charging Jerry Hitlaw (Hitlaw) with Robbery, Commission of a Felony While Armed, and Assault and Battery With Intent to Kill. In early November, Hitlaw appeared in court and an automatic plea of not guilty was entered in his behalf. On March 31, 1977, Hitlaw moved to withdraw his former plea of not guilty, and he entered a plea of guilty to the offense of Commission of a Felony While Armed, although asserting that he remembered nothing about the crime. The State then introduced, without objection, the probable cause affidavit and statements attached thereto filed as part of a presentence investigation report. As a result of the guilty plea, Hitlaw was sentenced to 10 years imprisonment.
Defendant Pro se filed a Petition for Post-Conviction Relief, and on the day that all parties appeared in court for a hearing on the petition, September 8, 1977, defendant filed a Motion for Leave to Amend Petition for Post-Conviction Relief, which was granted. After a hearing, the court entered judgment denying the Petition for Post-Conviction Relief, as amended. The defendant then submitted a motion to correct errors which was overruled November 23, 1977. Defendant filed a timely praecipe, and this appeal results.
The only error alleged by defendant is as follows:
(1) Whether there was sufficient evidence of probative value presented to the trial court to allow it to accept a plea of guilty from a defendant who professed at the time he entered the plea that he held no recollection of having committed the crime.
At one time, the law in Indiana stated that:
Harshman v. State (1953), 232 Ind. 618, 115 N.E.2d 501 at 502.
Harshman seemingly suggests that if sufficient evidence were adduced to indicate the defendant's guilt, such a guilty plea might be acceptable. However, it was not until North Carolina v. Alford (1970), 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed. 162; a subsequent Indiana statute, Ind.Code 35-4.1-1-4; and subsequent Indiana cases (see, e. g. Boles v. State (1973), 261 Ind. 354, 303 N.E.2d 645; Stowers v. State (1977), Ind., 363 N.E.2d 978, and Liffick v. State (1977), Ind.App., 367 N.E.2d 34), that the law in Indiana became solidified in this area.
The above mentioned statute, Ind.Code 35-4.1-1-4, concerning determination of the voluntariness of a plea of guilty states in part:
"(b) The court shall not enter judgment upon a plea of guilty unless it is satisfied from its examination of the defendant that there is a factual basis for the plea."
Case law has interpreted this statute to mean that there must be presented to the court:
"substantive evidence of probative value which will provide a factual basis for an entry of a plea of guilty in the face of (the defendant's) professed ignorance of guilt." Liffick v. State (1977), Ind.App., 367 N.E.2d 34, at 36.
Liffick, supra, at 35, indicates that "Sworn testimony from other sources (than the defendant) which assured the...
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State v. Davis
...519, 233 N.W.2d 780 (1975) (presentence report); Little v. State, 85 Wis.2d 558, 271 N.W.2d 105 (1978) (hearsay); Hitlaw v. State, 178 Ind.App. 124, 381 N.E.2d 527 (1978) (affidavits). Nevertheless, at least some courts have questioned the validity of such practices, particularly where the ......
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Anderson v. State
...it of the factual basis of the guilty plea, it could not accept the plea. In addressing this same issue, the court in Hitlaw v. State (1978), Ind.App., 381 N.E.2d 527 decided that evidence, other than sworn testimony, may also serve as an adequate basis for accepting a guilty plea. It said ......
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Cross v. State
...v. State (1981) 1st Dist.Ind.App., 422 N.E.2d 436; Comstock v. State (1981) 4th Dist.Ind.App., 422 N.E.2d 395; Hitlaw v. State (1978) 1st Dist., 178 Ind.App. 124, 381 N.E.2d 527; Wilson v. People (1985) Colo., 708 P.2d 792; State v. Richter (1985) 220 Neb. 551, 371 N.W.2d 125; Sanchez v. St......
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Dillehay v. State
...cause affidavit and the defendant's confirmation of the statements in the affidavit. Id. at 1231. Similarly, in Hitlaw v. State, 178 Ind.App. 124, 381 N.E.2d 527 (1978), this court upheld a guilty plea despite the defendant's subsequent claim that he could not recall the crime. The probable......