Martin v. State, 4-1183A398

Docket NºNo. 4-1183A398
Citation471 N.E.2d 1190
Case DateDecember 17, 1984
CourtCourt of Appeals of Indiana

Page 1190

471 N.E.2d 1190
Deetra J. (Shelby) MARTIN, Appellant (Petitioner Below),
v.
STATE of Indiana, Appellee (Respondent Below).
No. 4-1183A398.
Court of Appeals of Indiana,
Fourth District.
Dec. 17, 1984.

Susan K. Carpenter, Public Defender, Melanie C. Conour, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

Deetra J. (Shelby) Martin initiated this suit for post-conviction relief in an effort to set aside her earlier plea of guilty to assault and battery with intent to commit a felony. The trial court denied her petition, finding that her guilty plea was entered knowingly, voluntarily, and intelligently and that her claim was barred by laches because of her delay in seeking relief. On appeal, Martin challenges both of these findings as contrary to law.

We affirm.

Because Martin had the burden of proving she was entitled to relief, she is

Page 1191

here appealing a negative judgment. Early v. State, (1982) Ind., 442 N.E.2d 1071. Thus, we will reverse only if the undisputed evidence at trial leads inescapably to a result contrary to that reached by the trial court. Id.

Martin entered her guilty plea on June 17, 1974, nearly a year after the effective date of IND.CODE 35-4.1-1-3 (now codified at IC 35-35-1-2 (1982)), which requires the trial judge personally to advise the defendant of the rights he or she is waiving by pleading guilty. Beginning on December 3, 1981, with its decision in German v. State, (1981) Ind., 428 N.E.2d 234, our supreme court has held repeatedly that strict compliance with this statute is mandatory and that a guilty plea entered after the statute's effective date must be vacated if the trial judge did not personally advise the defendant of the rights enumerated in it. Many of these decisions applied the holding in German retrospectively to guilty pleas entered before that case was decided. See, e.g., Anderson v. State, (1984) Ind., 465 N.E.2d 1101; Davis v. State, (1983) Ind., 446 N.E.2d 1317; Early v. State, (1982) Ind., 442 N.E.2d 1071.

Recently, however, in Williams v. State, (1984) Ind., 468 N.E.2d 1036, the supreme court has held that in reviewing pleas entered before German was decided we will not require strict compliance with IC 35-4.1-1-3, but rather we will look to the entire record to determine whether the defendant was aware of the rights he was waiving by pleading guilty. In...

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4 practice notes
  • Martin v. State, No. 785S274
    • United States
    • Indiana Supreme Court of Indiana
    • July 10, 1985
    ...as hereinafter set forth, we grant the State's petition to transfer, order vacated the opinions of the Court of Appeals reported at 471 N.E.2d 1190 and 475 N.E.2d 37, and affirm the trial court's judgment denying post-conviction Martin's petition for post-conviction relief alleged that her ......
  • Kindred v. State, No. 4-1185
    • United States
    • Indiana Court of Appeals of Indiana
    • May 28, 1986
    ...than the one reached by the trial court. See, e.g., McHugh v. State (1984), Ind., 471 N.E.2d 293, 294; Martin v. State (1984), Ind.App., 471 N.E.2d 1190, 1191; Roberts v. State (1981), Ind.App., 419 N.E.2d 803, 807; Ind. Rules of Procedure, Post-Conviction Rule 1, Sec. Because we reverse, w......
  • Saperito v. State, No. 3-785-A-165
    • United States
    • Indiana Court of Appeals of Indiana
    • April 3, 1986
    ...to determine whether the accused was aware of the rights being waived by tendering a guilty plea. Martin v. State (1984), Ind.App., 471 N.E.2d 1190, on rehearing 475 N.E.2d 37, on transfer 480 N.E.2d 3 At the time the guilty plea in Dunfee was accepted, IC 35-4.1-1-3(e) was still in effect.......
  • Martin v. State, No. 4-1183A398
    • United States
    • Indiana Court of Appeals of Indiana
    • February 26, 1985
    ...from the trial court's denial of her petition for post-conviction relief. In our original decision, Martin v. State (1984), Ind.App., 471 N.E.2d 1190, we affirmed, holding that the entire record of the guilty plea at issue showed Martin pled guilty knowingly, voluntarily, and understandingl......
4 cases
  • Martin v. State, No. 785S274
    • United States
    • Indiana Supreme Court of Indiana
    • July 10, 1985
    ...as hereinafter set forth, we grant the State's petition to transfer, order vacated the opinions of the Court of Appeals reported at 471 N.E.2d 1190 and 475 N.E.2d 37, and affirm the trial court's judgment denying post-conviction Martin's petition for post-conviction relief alleged that her ......
  • Kindred v. State, No. 4-1185
    • United States
    • Indiana Court of Appeals of Indiana
    • May 28, 1986
    ...than the one reached by the trial court. See, e.g., McHugh v. State (1984), Ind., 471 N.E.2d 293, 294; Martin v. State (1984), Ind.App., 471 N.E.2d 1190, 1191; Roberts v. State (1981), Ind.App., 419 N.E.2d 803, 807; Ind. Rules of Procedure, Post-Conviction Rule 1, Sec. Because we reverse, w......
  • Saperito v. State, No. 3-785-A-165
    • United States
    • Indiana Court of Appeals of Indiana
    • April 3, 1986
    ...to determine whether the accused was aware of the rights being waived by tendering a guilty plea. Martin v. State (1984), Ind.App., 471 N.E.2d 1190, on rehearing 475 N.E.2d 37, on transfer 480 N.E.2d 3 At the time the guilty plea in Dunfee was accepted, IC 35-4.1-1-3(e) was still in effect.......
  • Martin v. State, No. 4-1183A398
    • United States
    • Indiana Court of Appeals of Indiana
    • February 26, 1985
    ...from the trial court's denial of her petition for post-conviction relief. In our original decision, Martin v. State (1984), Ind.App., 471 N.E.2d 1190, we affirmed, holding that the entire record of the guilty plea at issue showed Martin pled guilty knowingly, voluntarily, and understandingl......

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