Love v. State, 1070S249

• Decision Date: 20 October 1971
• Docket Number: No. 1070S249,1070S249
• Citation: 274 N.E.2d 238
• Parties: Willie Harold LOVE, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 238

274 N.E.2d 238

Willie Harold LOVE, Appellant, v. STATE of Indiana, Appellee.

No. 1070S249.

Supreme Court of Indiana.

Oct. 20, 1971.

OPINION DENYING PETITION FOR REHEARING

HUNTER, Judge.

This petition for rehearing questions the last part of our decision in which we stated:

'Clearly the court was required to make specific findings in this case, but we are able to discern no specific findings concerning what happened during appellant's first twenty-four (24) hours after arrest. We therefore remand this case to the court below to make specific findings of fact and conclusions of law on the issue of whether appellant's constitutional rights were violated during the first twenty-four (24) hours of his incarceration, namely whether he was properly advised of his rights per Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 and whether he was informed of his right to counsel during the line-up per United States v. Wade (1967), 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149.' 272 N.E.2d at 458.

Petitioner contends that Miranda and Wade are not directly material to this proceeding. We agree with this contention. The question left undecided by the special findings of fact is whether the appellant's guilty plea was knowingly and voluntarily given. It is true, of course, that denial of rights under Miranda and Wade may well be factors in the determination but the ultimate fact to be ascertained in these post-conviction proceedings is whether the plea of guilty was knowingly and voluntarily given. This Court cannot agree with petitioner that the trial court's findings sufficiently answer this question. We thus still maintain that the cause must be remanded to make specific findings of fact and conclusions of law on the issue of whether the plea of guilty was voluntarily, knowingly, and freely given.

Petition denied.

ARTERBURN, C.J., and DeBRULER, GIVAN and PRENTICE, JJ., concur.