Walker v. State, No. 776S221
| Docket Nº | No. 776S221 |
| Citation | 372 N.E.2d 739, 267 Ind. 649 |
| Case Date | February 28, 1978 |
| Court | Supreme Court of Indiana |
Page 739
v.
STATE of Indiana, Appellee (Plaintiff below).
[267 Ind. 650] John G. Bunner, Evansville, for appellant.
Theodore L. Sendak, Atty. Gen., David L. Steiner, Deputy Atty. Gen., Indianapolis, for appellee.
HUNTER, Justice.
The petitioner, Terry Wayne Walker, was tried for and convicted of murder for hire. His conviction was affirmed by this Court in Walker v. State, (1976) Ind., 349 N.E.2d 161.
Subsequently, on March 31, 1976, petitioner filed a petition denominated "Petition for Permission to File Second Belated and Supplemental Motion to Correct Errors" and a "Second Belated Motion to Correct Errors," seeking a new trial. The
Page 740
ground for the motion was the discovery of an agreement between the prosecution and the principal state's witness, Charlotte Hendricks. Accompanying the petition and the motion to correct errors were portions of a transcript of the trial of Charlotte Hendricks. Subsequently the state appeared [267 Ind. 651] and filed a transcript of the testimony of Douglas Knight, the deputy prosecutor, at the trial of Charlotte Hendricks. These transcripts were made a part of the record. No request for a hearing was made and the petitioner's second belated motion to correct errors was overruled without a hearing.In a post-conviction proceeding, the petitioner has the burden of establishing his grounds for relief by a preponderance of the evidence. Lockhart v. State, (1971) 257 Ind. 349, 274 N.E.2d 523. The unsuccessful petitioner stands in the position of one appealing a negative judgment. It is only where the evidence is without conflict and leads to but one conclusion and the trial court has reached an opposite conclusion that the decision will be disturbed as being contrary to law. Hoskins v. State, (1973) 261 Ind. 291, 302 N.E.2d 499.
Although Charlotte Hendricks testified at her trial that she had been promised immunity, this is not an uncontradicted fact. Deputy Prosecutor Douglas Knight testified as follows:
"Thank You. I think what you are referring to is a tape recorded conversation that occurred between Gerald Baggerly, Robert Overby and perhaps other members of the Roseville, Michigan Police Department and the defendant, Charlotte Hendricks, wherein some peculiar statements were made to Charlotte Hendricks to the effect that if she told the truth to them and didn't lie or anything like that that it would be better for her at a time when the Police Officers had no idea of the extent or nature of her involvement in this case. So, that information, in light of that, there were statements made to her that were in the nature or spirit of your question. Beyond that, when I met Charlotte Hendricks, I was troubled by that statement and made it rather clear to her that there were no promises and that she would be prosecuted and she indicated that she understood that and stated the...
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Richard v. State, No. 277S141
...263 Ind. at 42, 323 N.E.2d at 648; Adler v. State, (1967) 248 Ind. 193, 197, 225 N.E.2d 171, 173. Compare Walker v. State, (1978) Ind., 372 N.E.2d 739. In cases concerning other kinds of omitted evidence, however, which is not either a demonstration of perjury or the subject of a specific r......
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Tabor v. State, No. 781
...an opposite conclusion that the decision predicated upon such finding will be disturbed as being contrary to law. Walker v. State, (1978) 267 Ind. 649, 372 N.E.2d 739; see also, Ward v. State, (1982) Ind., 438 N.E.2d 750. It was the opinion of both expert witnesses that Defendant was not in......
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Early v. State, No. 1181S316
...court has reached an Page 1072 opposite conclusion, that the decision will be disturbed as being contrary to law. Walker v. State, (1978) 267 Ind. 649, 651, 372 N.E.2d 739, The plea bargain agreement contained a paragraph in which each and every advisement required by subsection (a), (b), a......
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Morlan v. State, No. 1083S364
...the trial court has reached an opposite conclusion, that the decision will be disturbed as being contrary to law. Walker v. State (1978), 267 Ind. 649, 651, 372 N.E.2d 739, Popplewell v. State (1981), Ind., 428 N.E.2d 15. I Appellant contends that his initial trial was rendered unfair when ......
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Richard v. State, No. 277S141
...263 Ind. at 42, 323 N.E.2d at 648; Adler v. State, (1967) 248 Ind. 193, 197, 225 N.E.2d 171, 173. Compare Walker v. State, (1978) Ind., 372 N.E.2d 739. In cases concerning other kinds of omitted evidence, however, which is not either a demonstration of perjury or the subject of a specific r......
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Tabor v. State, No. 781
...an opposite conclusion that the decision predicated upon such finding will be disturbed as being contrary to law. Walker v. State, (1978) 267 Ind. 649, 372 N.E.2d 739; see also, Ward v. State, (1982) Ind., 438 N.E.2d 750. It was the opinion of both expert witnesses that Defendant was not in......
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Early v. State, No. 1181S316
...court has reached an Page 1072 opposite conclusion, that the decision will be disturbed as being contrary to law. Walker v. State, (1978) 267 Ind. 649, 651, 372 N.E.2d 739, The plea bargain agreement contained a paragraph in which each and every advisement required by subsection (a), (b), a......
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Morlan v. State, No. 1083S364
...the trial court has reached an opposite conclusion, that the decision will be disturbed as being contrary to law. Walker v. State (1978), 267 Ind. 649, 651, 372 N.E.2d 739, Popplewell v. State (1981), Ind., 428 N.E.2d 15. I Appellant contends that his initial trial was rendered unfair when ......