"Court flips 20-year-old conviction: No proof found that accused burglar was told his rights before pleading guilty" is the headline to this Niki Kelly story this morning in the Fort Wayne Journal Gazette. Some quotes:
INDIANAPOLIS – More than 20 years after an Allen County man pleaded guilty to burglary, the Indiana Court of Appeals on Monday overturned the felony conviction of Gregory Charles Hall because he might not have been fully apprised of his rights.The decision is Gregory Hall v. State of Indiana (12/13/04 IndCtApp). The majority opinion was writen by Judge Sullivan. Access yesterday's ILB summary here (3rd case). Posted by Marcia Oddi at December 14, 2004 08:42 AMThe trial court’s file contained no transcript of Hall’s 1983 guilty plea hearing or sentencing and no other documents exist that indicate Hall was advised of his rights against self-incrimination, to trial by jury and to confront his accusers. A court must also find that the plea was knowing and voluntary. * * *
The court noted it was aware of the implications of the ruling, which could encourage defendants to plead guilty and wait several years in hopes that transcripts were destroyed or misplaced and that participants’ memories had faded.
The justices found the state could avoid these situations by using the defense of laches, which involves the state proving it would be difficult if not impossible to retry the case. That defense was not raised in Hall’s case, the court ruling said.
Appeals Court Judge Melissa May strongly dissented, saying Hall should have been required to prove his rights were violated before the conviction was overturned.