Morrison v. State
Decision Date | 09 August 1984 |
Docket Number | No. 2-983A332,2-983A332 |
Citation | 466 N.E.2d 783 |
Parties | Chester L. MORRISON, Appellant (Petitioner Below), v. STATE of Indiana, Appellee (Respondent Below). |
Court | Indiana Appellate Court |
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.
Petitioner, Chester Morrison, appeals from the denial of his petition for post-conviction relief, pursuant to Indiana Rules of Procedure, Post Conviction Rule 1. He assigns as error the post-conviction court's determination that:
(1) His petition was barred by laches; and
(2) His 1974 guilty plea was entered knowingly, intelligently, and voluntarily.
On May 14, 1974, Chester Morrison (Morrison) pled guilty to a charge of first degree burglary. Pursuant to a plea agreement, he was sentenced to 364 days to be served at the Indiana State Farm. Eight years later, in 1982, Morrison was convicted of voluntary manslaughter. Subsequently, the trial court determined that Morrison was a habitual offender and enhanced his sentence accordingly. Morrison's 1974 first degree burglary conviction was one of the felonies upon which the trial court based its determination that Morrison was a habitual offender. Morrison now challenges the lower court's ruling denying his petition for post-conviction relief. He asserts that his 1974 guilty plea was not given intelligently, voluntarily, or knowingly because the trial court, at that time, did not specifically advise him of his right to a "speedy and public" trial. In addition, Morrison contends that although the trial court informed him of the State's burden of proof on each element of the charged offense, he was not informed of the standard of proof beyond a reasonable doubt, and therefore, did not knowingly or intelligently enter his plea of guilt. Finally, he disputes the post-conviction court's finding of laches.
The post-conviction court ruled:
"1. The law is with the State of Indiana and against the Petitioner.
2. The Petitioner has failed to meet his burden of proof as to the allegation in his Petition.
3. The Petitioner's plea of guilty was entered knowingly, intelligently and voluntarily.
4. Petitioner's grounds for relief are barred by the Doctrine of Latches [sic] since they have been available to him since May 28, 1974.
WHEREFORE, it is Ordered, Adjudged, and Decreed that The Petitioner's Petition and Amended Petition for Post-Conviction Relief should be and are hereby denied." Record at 81.
Morrison contends that the post-conviction court erred in determining that his petition was barred by laches because the trial court did not place the burden of proof upon the State to establish a prima facie case of laches; consequently, the State did not meet its burden of proof to show each of the elements of laches. He further argues that, in any event, his eight year delay in attacking the validity of his 1974 conviction is not unreasonable because he was unaware of the availability of post-conviction relief until his incarceration in 1982. Finally, he contends that the setting aside of his 1974 conviction would not be prejudicial to the State, even in a habitual criminal proceeding which is based, in part, upon the prior conviction, because he has already served his sentence upon the prior conviction.
The law, as it regards the burden to prove or disprove laches in a post-conviction proceeding, has undergone a substantial modification and clarification since the post-conviction court herein ruled that Morrison was guilty of laches. Prior to our Supreme Court's recent decision in Twyman v. State (1984) Ind., 459 N.E.2d 705, there were several Court of Appeals decisions (Emphasis supplied) Id. at 712.
which held that the state need only raise laches as a defense in a post-conviction proceeding to shift to the petitioner the burden of disproving either one or all of the elements of laches. Thus, a petitioner's failure or inability to negate one or all of the elements of laches served as a bar to review of his petition on the merits. Although laches is an affirmative defense, requiring the asserting party to prove each of the elements, the post-conviction proceeding became an apparent exception to the rule. See, e.g., Gregory v. State (4th Dist.1983) Ind.App., 456 N.E.2d 1072; Boykins v. State (4th Dist.1983) Ind.App., 456 N.E.2d 1079; Twyman v. State (1st Dist.1983) Ind.App., 452 N.E.2d 434; Hernandez v. State (3d Dist.1983) Ind.App., 450 N.E.2d 93; Stutzman v. State (3d Dist.1981) Ind.App., 427 N.E.2d 724. Twyman v. State, supra, 459 N.E.2d 705, has overruled this line of cases insofar as they purport to shift the burden of proof on the issue of laches to the petitioner for negation thereof. The court stated
This holding was confirmed most recently in Gregory v. State (1984) Ind., 463 N.E.2d 464. It is quite clear that if the State, in a post-conviction proceeding, wishes to preclude a review upon the merits of an allegedly invalid prior conviction, by asserting laches, the State must not only raise the issue, but must establish a prima facie case by proof of each of the elements of laches.
Our Supreme Court has defined laches as follows:
(Citations omitted.) Frazier v. State (1975) 263 Ind. 614, 335 N.E.2d 623, 624.
As has often been stated, the lapse of time, in and of itself, does not constitute laches. Other elements must be considered in the determination, among these, the reasonableness of the delay and prejudice, if any, to the adverse party. Twyman v. State, supra, 459 N.E.2d 705, 712.
Turning to the facts of this case, we must agree with Morrison that the State failed to meet its initial burden of proof on the elements of laches. The state raised the defense and, as required by Twyman, the post-conviction court held an evidentiary hearing on the matter. At the hearing, the only evidence which was presented to demonstrate laches was the lapse of eight years and, as we have stated, the lapse of time is not of itself sufficient. Although it may be inferred, from the length of time Morrison neglected to assert his right, that the delay was unreasonable, absent evidence to the contrary, a literal reading of Twyman compels the conclusion that even an unreasonable delay will not allow the court to find laches unless the State shows, in addition, "other circumstances causing prejudice." The State presented no evidence of circumstances causing prejudice. Thus, it failed to establish a prima facie case of laches such as would preclude a review of Morrison's petition on the merits. This conclusion requires that we reverse the post-conviction court's finding of laches. Because the law has recently changed regarding the burden of proof, we remand for rehearing on the issue of laches. However, for possible guidance with respect to the proceedings upon remand, we will consider Morrison's
assertions which are directed toward rebuttal of prima facie showing of laches.
Morrison contends, albeit in a somewhat obscure manner, that his delay in seeking post-conviction relief from his 1974 conviction was not unreasonable because he did not know of the availability of post-conviction relief until his incarceration upon the 1982 conviction and because he had no counsel, in the interim, to assist him in this matter. This argument must fail, for where the circumstances are such as to put a person on inquiry, and the means of ascertaining the truth are readily available if inquiry is made, the neglect or failure to inquire will charge the person with laches the same as though the facts were known. Hutter v. Weiss (1961) 132 Ind.App. 244, 177 N.E.2d 339, 346. See also Safeway Stores, Inc. v. Safeway Quality Foods, Inc. (7th Cir.1970) 433 F.2d 99. Certainly the conviction and incarceration of one who thought his rights to have been violated constitutes such circumstance as would put that one on inquiry as to means of appeal or other relief. However, there is no evidence of record that Morrison sought or inquired as to any means of relief or appeal from his 1974 conviction. To the contrary, the facts permit an inference that Morrison was satisfied with the benefit of his bargain, making no attempt to challenge it, until eight years...
To continue reading
Request your trial-
Ray v. State
...As a result, the trial court's finding of knowing delay may be justified, if at all, only on the theory suggested in Morrison v. State (1984), Ind.App., 466 N.E.2d 783: "Certainly the conviction and incarceration of one who thought his rights to have been violated constitutes such circumsta......
-
Wilburn v. State, 22A01-8607-PC-186
...See Lacy v. State (1986), Ind., 491 N.E.2d 520; Cheney, supra; Badelle v. State (1986), Ind.App., 487 N.E.2d 844; Morrison v. State (1984), Ind.App., 466 N.E.2d 783. Laches has been held to apply even when it has been affirmatively shown that, on the record, certain advisements were not giv......
-
Martin v. State
...5, 1978); Early v. State (Decided December 22, 1982) Ind., 442 N.E.2d 1071 (guilty plea April 10, 1979); Morrison v. State (2d Dist., August 9, 1984) Ind.App., 466 N.E.2d 783 (guilty plea 1974); Davis v. State (1st Dist., June 18, 1984) Ind.App., 464 N.E.2d 926 (guilty plea October 1, 1976)......
-
Boykins v. State
...defense, the state failed to make a prima facie showing of laches. Gregory v. State, (1984) Ind., 463 N.E.2d 464; Morrison v. State, (1984) Ind.App., 466 N.E.2d 783; Mottern v. State, (1984) Ind.App., 466 N.E.2d 488. Thus, a remand for findings on this issue would be Nor do we believe this ......