Tuesday, July 01, 2008
Ind. Decisions - Supreme Court issues one today
In Anthony A. Hopkins v. State of Indiana, a 4-page, 5-0 opinion, Chief Justice Shepard writes:
Almost a decade ago, appellant Anthony Hopkins stood trial by jury, and the jury found him guilty of two counts of attempted murder and other offenses. Before proceeding with an habitual offender allegation, he and his lawyer announced they wished to waive jury and acknowledge the habitual. He has now claimed that this was an unknowing and unintelligent “guilty plea.” The post-conviction court denied relief, and we affirm. * * *
The burden of one whose petition for post-conviction relief has been denied is a substantial one. This Court will affirm the denial unless “the evidence is without conflict and leads to but one conclusion, and the post-conviction court has reached the opposite conclusion.” McCary v. State, 761 N.E.2d 389, 392 (Ind. 2002). Hopkins has not overcome this burden. The post-conviction court’s determination that what occurred was a stipulation rather than a plea should stand.
Posted by Marcia Oddi on July 1, 2008 01:22 PM
Posted to Ind. Sup.Ct. Decisions