Snow v. State, 0-699
| Docket Nº | No. 0-699 |
| Citation | 245 Ind. 423, 199 N.E.2d 469 |
| Case Date | June 24, 1964 |
| Court | Supreme Court of Indiana |
Page 469
v.
STATE of Indiana, Appellee.
J. R. Snow, pro se.
Edwin K. Steers, Atty. Gen., for appellee.
[245 Ind. 424] PER CURIAM.
Appellant has filed a petition for rehearing in this cause in which he alleges that
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in our opinion filed December 18, 1963, wherein we denied his [245 Ind. 425] petition for time to file a transcript and assignment of errors, we failed to consider certain cases which he claims give him a right to appeal from a judgment on a plea of guilty. He cites Kuhn v. State (1944), 222 Ind. 179, 52 N.E.2d 491, and Chandler v. State (1949), 226 Ind. 648, 83 N.E.2d 189.In the Kuhn case the defendant pleaded guilty to a charge of assault and battery and judgment was entered fining and sentencing him. He then appeared with counsel and filed a motion to vacate the judgment and withdraw his plea of guilty. The motion was overruled. Apparently no evidence was heard in regard to it. An appeal was taken from this ruling. The Attorney General moved to dismiss the appeal on the ground that nothing was in the record to show that the trial court committed error in its ruling. This motion was overruled. The Attorney General then filed a brief confessing error. In our opinion, this court said (at page 182 of 222 Ind., at page 492 of 52 N.E.2d):
'In a reply brief appellant insists that the trial court should be ordered to vacate the judgment and accept his plea of not guilty. The character of the mandate is therefore our only problem.
'A judgment on a plea of guilty has the same finality as any other judgment. The defendant may challenge its validity by motion during the term, by appeal, or, in certain cases, by writ of error coram nobis after the term has expired.'
This court then remanded the cause to the trial court for answer, submission of evidence, hearing and decision on the issue tendered by appellant's motion. In so doing, it was stated that this did not foreclose the right of the trial judge to set aside the judgment and grant a trial upon a plea of not guilty without a hearing, if, in his discretion, he deemed it proper to protect the defendant's constitutional rights.
[245 Ind. 426] In the Chandler case the defendant was charged with first-degree burglary. He appeared before the court without counsel for arraignment, entered a plea of guilty and was sentenced to prison for a term of ten to twenty years. He filed a request for an appeal as a poor person. This court ordered a transcript prepared and appointed counsel to prosecute the appeal. His main contention was that the court failed to advise him that he was entitled to counsel before he pleaded guilty. However, the court points out that after he entered his plea of guilty, the transcript of the arraignment proceedings showed that before sentence he was advised by the court that he had a right to counsel and a jury trial, which he refused. Thus, he waived his constitutional rights freely and with understanding. The conviction was affirmed.
In the opinion, the following statements are made upon which appellant relies (at page 654 of 226 Ind., at page 191 of 83 N.E.2d):
'The State filed a motion to dismiss this appeal on the ground that a judgment based upon a plea of guilty is not appealable but is final and conclusive until such plea of guilty is set aside. It is the State's contention that appellant's only remedies were by motion to vacate the judgment and for leave to withdraw his plea of guilty, or by a petition for a writ of error coram nobis. Certainly these remedies at proper times would be open to appellant, but a judgment on a plea of guilty may also be challenged by appeal. Kuhn v. State, supra. * * *
'We know of no reason why an appeal should not lie from the judgment in this case. The facts are in the record and the claimed error of the court in failing to advise appellant of and afford him his constitutional rights could be assigned as independent error in this court.'
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In the Kuhn case we may assume that using the words 'by appeal' immediately...
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Woods v. Anderson, IP99-0520-C-M/S.
...rights have been clearly violated as shown by the record, the court will not be bound by procedural irregularities." Snow v. State, 245 Ind. 423, 199 N.E.2d 469, 471 (1964) (citing Adams v. State, 230 Ind. 53, 101 N.E.2d 424 (1951)). Woods' view that including this claim in the appeal from ......
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Woods v. Anderson, Cause No. IP99-0520-C-M/S (S.D. Ind. 2/2/2004), Cause No. IP99-0520-C-M/S.
...rights have been clearly violated as shown by the record, the court will not be bound by procedural irregularities." Snow v. State, 199 N.E.2d 469, 471 (Ind. 1964) (citing Adams v. State, 101 N.E.2d 424 (1951)). Woods' view that including this claim in the appeal from the denial of post-con......
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People v. Bowman, 40926
...guilty that were entered by informed defendants in the absence of counsel. (See e.g., Smith v. People, Colo., 428 P.2d 69; Snow v. State, 245 Ind. 423, 199 N.E.2d 469; Semmes v. Willard, Or., 431 P.2d 844; Creighbaum v. State, 35 Wis.2d 17, 150 N.W.2d 494; People v. Grames, 8 Mich.App. 375,......
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Tumulty v. State, 48A02-9409-CR-539
...guilty, or accepted a suspended sentence, there can be no appeal taken from the judgment entered therein."), reh'g denied, 245 Ind. 423, 199 N.E.2d 469. More recently, our supreme court and this court have allowed exceptions to this rule for direct appeals of: 1) sentencing errors, see Weyl......