Martin v. State
Decision Date | 10 July 1985 |
Docket Number | No. 785S274,785S274 |
Parties | Deetra J. (Shelby) MARTIN, Appellant (Petitioner Below), v. STATE of Indiana, Appellee (Respondent Below). |
Court | Indiana Supreme Court |
Susan K. Carpenter, Public Defender William L. Touchette, Deputy Public Defender, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen. Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
ON CRIMINAL PETITION TO TRANSFER
This cause is before us upon the petition of the State (Appellee) to transfer it from the Court of Appeals, Fourth District, following its reversal of the trial court's denial of Martin's petition for post-conviction relief. Because we find that the decision of the Court of Appeals contravenes ruling precedent of this Court, 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 relief.
Martin's petition for post-conviction relief alleged that her plea of guilty to assault and battery with intent to commit a felony was not entered knowingly, intelligently, and voluntarily because the trial court had not advised her of all of the rights she was waiving by pleading guilty as is required by Ind.Code Sec. 35-4.1-1-3 (Burns 1979) [ ], and specifically that it had failed to advise her of her right to a speedy trial and to compel the State to prove the charge against her beyond a reasonable doubt.
Following a hearing on the petition, the trial court denied it, specifically finding that her guilty plea was entered knowingly, intelligently, and voluntarily and that her claim was barred by laches. She appealed.
The Court of Appeals in Martin v. State (1984), Ind.App., 471 N.E.2d 1190, this Court's decision in Williams v. State (1984), Ind., 468 N.E.2d 1036, applied an "entire record" review and found, as follows:
Martin then filed a petition for rehearing, which the Court of Appeals granted, reversed its previous decision and that of the trial court and granted Martin the relief sought. In its opinion on rehearing, reported at 475 N.E.2d 37, the court relied upon Johnson v. State (1984), Ind., 471 N.E.2d 1107, a case handed down subsequent to Williams, which, without citing Williams, retrospectively applied the "strict compliance" standard of review set forth in German v. State (1981), Ind., 428 N.E.2d 234, and held that the petitioner was entitled to relief because the trial court had not personally advised him of his right to a speedy trial, even though he had signed a plea agreement listing all of his rights, including the right to a speedy trial. The Court of Appeals understandably commented that it was confused by the apparent conflict of Williams and Johnson but, nonetheless, followed the decision in Johnson because it was decided after Williams.
In its petition to transfer the State argues, and we agree, that the controlling ruling precedent is Williams v. State (1984), Ind., 468 N.E.2d 1036. Subsequent to the opinion of the Court of Appeals on rehearing, we clarified our position on this issue in Crocker v. State (1985), Ind., 475 N.E.2d 686, as follows:
"In Williams v. State, (1984) Ind., 468 N.E.2d 1036, 1037, we announced a new rule for our review of cases in which the guilty plea was entered prior to December 3, 1981 and which involve alleged failures to give the proper advisements, as follows:
In the case at bar, Martin's guilty plea was entered on June 17, 1974; hence, under Williams and Crocker, we look to the entire record to determine whether she was properly advised of her rights. The record discloses that even though the trial court did not personally advise her that by pleading guilty she waived her rights to a speedy trial and to have the State prove her guilt beyond a reasonable doubt, she had signed a form which stated that she was aware of her constitutional rights, including the right to a speedy and public trial by jury in which the State would bear the burden of proving her guilt beyond a reasonable doubt.
Our standard of review in appeals from the denial of post-conviction relief has been stated as follows:
Young v. State (1984), Ind., 470 N.E.2d 70, 71-72; see also, Neville v. State (1982), Ind., 439 N.E.2d 1358, 1360 and cases there cited.
Although the advisements given to Martin by the court at the guilty plea hearing did not comport to the requirements of the statute, in that they did not include the advisements that Martin alleged had been omitted, her "Motion to Withdraw Former Plea of Not Guilty and to Enter a Plea of Guilty" recited her rights, including those omitted from the court's advisements, was signed by her in open court and in the presence of her attorney, at the guilty plea hearing. Further, she acknowledged to the court, at that hearing, that her attorney had explained the contents of the motion to her. The court explained that the document "covers what rights you're giving up" and she verbally acknowledged that she understood.
Applying the above quoted standard of review and recognizing that the trial court properly considered the petition upon the entire record in accordance with the pre-German rule, we find no error in the conclusion of the post-conviction court that...
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