Stutzman v. State
Decision Date | 10 November 1981 |
Docket Number | No. 4-681A19,4-681A19 |
Citation | 427 N.E.2d 724 |
Parties | Thomas Eugene STUTZMAN, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee. |
Court | Indiana Appellate Court |
David L. King, Kendallville, for defendant-appellant.
Linley E. Pearson, Atty. Gen., Janis L. Summers, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.
On July 28, 1971 the appellant Stutzman attempted to have intercourse with a nine year old girl but was interrupted by people searching for the girl. Stutzman was later arrested. On August 3, 1971 in the LaGrange Circuit Court Stutzman waived formal arraignment and entered a plea of guilty to the offense of assault and battery with the intent to satisfy sexual desires with a child under the age of 12 years. Stutzman was then committed to a hospital for the purpose of determining whether he was a criminal sexual deviant. In February of 1972 the hospital determined that Stutzman did not fall within the definition of a criminal sexual deviant. Subsequently on May 9, 1972 Stutzman appeared in LaGrange Circuit Court for sentencing with new counsel because the attorney who had entered the plea in August of 1971 had withdrawn from the case. The court sentenced Stutzman to be imprisoned for not less than two years nor more than 21 years.
On July 31, 1980 the appellant filed a petition for post conviction relief in the LaGrange Circuit Court, requesting that his guilty plea be set aside or vacated and that a plea of not guilty be entered and a trial held on the charges against him. The merits of the petition were considered at a hearing held on December 15, 1980. On December 31, 1980 the LaGrange Circuit Court entered thoroughly detailed findings and conclusions and denied Stutzman relief. Stutzman now appeals from that decision.
The appellant in his brief urges fifteen specifications for review. Because of the controlling nature of one question we confine our opinion to it.
The essence of Stutzman's post conviction relief petition is that the record of his guilty plea proceeding fails to adequately demonstrate a knowing and intelligent waiver of his constitutional rights as required by Boykin v. Alabama (1969), 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274. See Williams v. State (1975), 263 Ind. 165, 325 N.E.2d 827. 1
In partial response the state asserted an affirmative defense in the nature of laches, and the court found, inter alia, that Stutzman was guilty of inexcusable delay which, under the circumstances, amounted to a waiver. 2 We agree. 3
In Langley; Richardson v. State (1971), 256 Ind. 199, 267 N.E.2d 538 our Supreme Court discussed the fact that a showing of diligence is not a prerequisite to relief under Indiana Rules of Procedure, Post Conviction Rule 1. A trial court is not, however, precluded from applying the doctrine of laches to deny a petition filed pursuant to PCR 1. Justice Prentice, writing for a unanimous Court, explained the holding of Langley; Richardson, supra, in Frazier v. State (1975), 263 Ind. 614, 335 N.E.2d 623 as follows:
Id., 263 Ind. at 615, 335 N.E.2d at 624. The Court went on to state:
Id., 263 Ind. at 616-617, 335 N.E.2d at 624-625. See also Baker v. State (1980), Ind., 403 N.E.2d 1069, n. 1; Rader v. State (1979), Ind.App., 393 N.E.2d 199, 202. The Supreme Court reversed the trial court's decision in Frazier because it failed to conduct an evidentiary hearing in which Frazier had an opportunity to satisfactorily explain his delay in filing his petition.
Unlike the situation in Frazier, the trial court in the present case did conduct an evidentiary hearing on Stutzman's petition. The following exchange between Stutzman and the prosecutor took place:
"Q. Mr. Stutzman, after you were sentenced in this cause, shortly after in fact in 1973, isn't it true you ordered a copy of all the order book entries and documents relating to your conviction?
A. Yes, sir.
Q. And at that time isn't it also true that you consulted with an attorney in regard to filing a Petition for Post-conviction Relief?
A. No, sir.
Q. You were never in contact with a representative from the State Public Defender's Office in regard to a Petition for Post-conviction Relief?
A. Not until 1980.
Q. You don't recall a Paul J. Baldoni who worked on a Post-conviction Relief Petition for you back in 1973?
A. No, sir.
Q. What did you do with the documents that you received in 1973?
A. They came up missing someplace. Somebody stole them. That's the reason I made the request for the second order of them (sic) documents in 1980.
Q. Now, you ordered those documents in 1973, correct?
A. Yes.
Q. And then you again asked for such documents in 1980?
A. Yes.
Q. Would that be correct? That's a period of seven (7) years?
A. Yes.
Q. Why did you wait from '73 until 1980 to ask for the documents to be reproduced?
A. Because the-I was getting extremely tired of setting (sic) in that prison, and I also wanted to get a couple things straightened out on my-on my transcript.
Q. Well-
A. And also-
Q. How...
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...conviction relief. Issue Two While diligence is not necessarily a prerequisite to obtaining post conviction relief, Stutzman v. State, (1981) Ind.App., 427 N.E.2d 724, trans. denied (1982), the trial court may deny such relief on the basis of laches. Hernandez v. State, (1983) Ind.App., 450......
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