Hoskins v. State, No. 872S111

Docket NºNo. 872S111
Citation302 N.E.2d 499, 39 Ind.Dec. 388, 261 Ind. 291
Case DateOctober 31, 1973
CourtSupreme Court of Indiana

Page 499

302 N.E.2d 499
261 Ind. 291
James Goman HOSKINS, Appellant,
v.
STATE of Indiana, Appellee.
No. 872S111.
Supreme Court of Indiana.
Oct. 31, 1973.

[261 Ind. 292]

Page 500

Harriette Bailey Conn, Public Defender, Carr L. Darden, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., of Ind., Robert E. Dwyer, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

This is an appeal from the denial of a Motion to Correct Errors following the denial of a Post-Conviction Remedy Rule 1 motion to vacate the prior judgment of guilty, withdraw the plea of guilty to first degree murder and grant a jury trial. It presents the single issue of whether or not the evidence presented at the post-conviction hearing required a grant of the motion.

In support of the motion, Defendant (Appellant) asserts that at the time of his guilty plea he was illiterate, had been harassed by police interrogation without benefit of counsel, had ineffective counsel, and had been coerced by means of threatening letters sent to his sister by one of his two co-defendants. It is his contention that as a result of the foregoing, his guilty plea was not entered freely and understandingly.

[261 Ind. 293] At the hearing upon the motion, the defendant testified to the foregoing. His sister verified the receipt of threatening notes from the co-defendant, and the co-defendant admitted having sent them. The co-defendant further testified that he sent notes knowing that the defendant was illiterate and easily influenced and in the belief that if one of the accused would plead guilty, the others could get off with a lesser offense conviction. The co-defendant also testified that following the defendant's guilty plea, he stood trial before the court on a charge of first degree murder but was found guilty and sentenced for involuntary manslaughter.

In opposition to the post-conviction motion, the State introduced into evidence the transcript of the guilty plea proceedings. From the transcript, it appears that the defendant had first entered a plea of not guilty but later sought to withdraw and enter a plea of guilty. Thereupon, he was interrogated by his counsel, the prosecuting attorney, and the trial judge. The record reveals that at the time of the change in plea, he knew and understood the following:

1. What a jury trial was and that he was entitled to a jury trial;

2. That he could plead not guilty to either the Court without jury or to a jury;

3. That either the Court or jury could find him guilty of murder in the first degree,...

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59 practice notes
  • Fleenor v. State, No. 41S00-9106-PD-433
    • United States
    • Indiana Supreme Court of Indiana
    • September 3, 1993
    ...trial court has reached the opposite conclusion, that the decision will be disturbed as being contrary to law. Hoskins v. State (1973), 261 Ind. 291, 302 N.E.2d Page 143 ISSUE I While Fleenor's direct appeal was pending, the U.S. Supreme Court held that the Eighth Amendment precludes a sent......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...the trier of fact will the decision be reversed as contrary to law. Henson v. State, (1979) Ind., 392 N.E.2d 478; Hoskins v. State, (1973) 261 Ind. 291, 302 N.E.2d Petitioner's post-conviction relief petition was filed on April 5, 1978. On April 10, 1978, petitioner filed a motion for chang......
  • Harrison v. State, No. 2--973A194
    • United States
    • Indiana Court of Appeals of Indiana
    • November 20, 1975
    ...to law because contrary to the one reasonable conclusion to which the evidence without conflict leads. Hoskins v. State (1973), Ind., 302 N.E.2d 499; Berry v. State (1975), Ind.App., 321 N.E.2d 9 332 N.E.2d 94, at 96 (dissenting opinion). ...
  • Davis v. State, No. 574S97
    • United States
    • Indiana Supreme Court of Indiana
    • July 11, 1975
    ...credibility of the witnesses. Lamb v. State (supra); Maxwell v. State (supra); Colvin v. State (supra); Hoskins v. State (1973), Ind., 302 N.E.2d 499. There is a strong presumption that an attorney has discharged his duty faithfully, and it requires strong and convincing proof to overcome t......
  • Request a trial to view additional results
59 cases
  • Fleenor v. State, No. 41S00-9106-PD-433
    • United States
    • Indiana Supreme Court of Indiana
    • September 3, 1993
    ...trial court has reached the opposite conclusion, that the decision will be disturbed as being contrary to law. Hoskins v. State (1973), 261 Ind. 291, 302 N.E.2d Page 143 ISSUE I While Fleenor's direct appeal was pending, the U.S. Supreme Court held that the Eighth Amendment precludes a sent......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...the trier of fact will the decision be reversed as contrary to law. Henson v. State, (1979) Ind., 392 N.E.2d 478; Hoskins v. State, (1973) 261 Ind. 291, 302 N.E.2d Petitioner's post-conviction relief petition was filed on April 5, 1978. On April 10, 1978, petitioner filed a motion for chang......
  • Harrison v. State, No. 2--973A194
    • United States
    • Indiana Court of Appeals of Indiana
    • November 20, 1975
    ...to law because contrary to the one reasonable conclusion to which the evidence without conflict leads. Hoskins v. State (1973), Ind., 302 N.E.2d 499; Berry v. State (1975), Ind.App., 321 N.E.2d 9 332 N.E.2d 94, at 96 (dissenting opinion). ...
  • Davis v. State, No. 574S97
    • United States
    • Indiana Supreme Court of Indiana
    • July 11, 1975
    ...credibility of the witnesses. Lamb v. State (supra); Maxwell v. State (supra); Colvin v. State (supra); Hoskins v. State (1973), Ind., 302 N.E.2d 499. There is a strong presumption that an attorney has discharged his duty faithfully, and it requires strong and convincing proof to overcome t......
  • Request a trial to view additional results

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