Legal Research AI

Carter v. State

Court: Indiana Supreme Court
Date filed: 2000-11-28
Citations: 739 N.E.2d 126
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45 Citing Cases

ATTORNEYS FOR APPELLANT           ATTORNEYS FOR APPELLEE

Susan K. Carpenter                Karen M. Freeman-Wilson
Public Defender of Indiana   Attorney General of Indiana
Indianapolis, IN             Indianapolis, IN

Tracy A. Nelson              Eileen Euzen
Deputy Public Defender       Deputy Attorney General
Indianapolis, IN             Indianapolis, IN





                                   IN THE

                          SUPREME COURT OF INDIANA



CONTRICE L. CARTER                      )
                                        )
      Appellant (Defendant Below),      )  02S03-0005-PC-330
                                        )  in the Supreme Court
            v.                          )
                                        )  02A03-9905-PC-191
STATE OF INDIANA,                       )  in the Court of Appeals
                                        )
      Appellee (Plaintiff Below). )








                    APPEAL FROM THE ALLEN SUPERIOR COURT
                  The Honorable John F. Surbeck, Jr., Judge
                         Cause No. 02D04-9307-CF-519



                              November 28, 2000

SHEPARD, Chief Justice.


      Appellant Contrice L. Carter pled guilty in the  middle  of  his  jury
trial.  The court took his plea under advisement and scheduled a  sentencing
hearing.  Carter later sought to withdraw his plea, saying he was  innocent.
 He contends that he was entitled to withdraw the plea because  the  request
came before the court formally accepted it.   A  divided  Court  of  Appeals
rejected this contention.  Carter v. State, 724 N.E.2d 281  (Ind.  Ct.  App.
2000).  We grant transfer and affirm.





                        Facts and Procedural History




      During an argument in Fort Wayne on July  5,  1993,  Carter  shot  and
killed Alvinchy Washington.  The  State  charged  Carter  with  murder.   On
September 7, 1993, Carter’s trial began  and  a  jury  was  empaneled.   The
court then recessed for depositions related  to  an  alibi  defense  it  had
allowed Carter  to  raise  belatedly.   Upon  learning  that  the  witnesses
deposed did not corroborate Carter’s version of  events,  Carter  asked  his
counsel if it was too late to change his plea.

      The next day, based upon an agreement with the prosecutor, Carter pled
guilty to voluntary manslaughter.  He was fully and properly advised of  his
constitutional rights and the implications of his plea.   (R.  at  39,  192-
99.)  He affirmed that  the  plea  was  made  freely  and  voluntarily,  and
without  duress.   (R.  at  201.)   He  gave  a  factual  account   of   the
circumstances of the crime.[1]  (R. at 202-03.)  The  court  discharged  the
jury and set a date for sentencing.  It deferred formal  acceptance  of  the
plea  for  a  month  pending  review  of  the  pre-sentencing  investigation
report.[2]

      At the sentencing hearing, the trial court  asked  Carter  if  he  was
satisfied with the manner in which he  had  been  represented.   Carter  had
earlier answered the same question affirmatively, in the  course  of  giving
his plea.  (R. at 201.)  At sentencing, however, Carter said:
      Okay, from the beginning, you know what I’m saying, I was telling  [my
      attorney] that I didn’t do it right, but you know, when push  come  to
      shove and I couldn’t prove that I didn’t do it, she you know what  I’m
      saying, told me that I should sign a plea  bargain  right,  and  she’s
      supposed to be my lawyer, you know what I’m saying, if I’m maintaining
      my innocence she’s supposed to be pushing with that for me  no  matter
      what the outcome could be.


(R. at 210-11.)

      The trial judge said, “If this then is to be taken as a  motion  or  a
suggestion that the plea of guilty be set aside, I’ll deny that request  and
we will proceed  now  with  sentencing.”[3]   (R.  at  216-17.)   The  court
accepted the plea  and  sentenced  Carter  to  thirty  years  in  prison  in
accordance with the plea bargain.


                I. Indiana’s Stance on “Best Interest” Pleas


      In 1953, this Court held that “a plea of guilty tendered by one who in
the same breath protests his innocence, or declares  he  actually  does  not
know whether or not he is guilty, is no plea at all.”   Harshman  v.  State,
232 Ind. 618, 621, 115 N.E.2d 501, 502 (1953) (emphasis added).[4]  A  valid
guilty plea is a confession of guilt made directly  to  a  judicial  officer
and necessarily admits the incriminating facts alleged.   Id.  at  620,  115
N.E.2d at 502.[5]  A defendant who says he did the crime  and  says  he  did
not do the crime has in effect said nothing, at least nothing to  warrant  a
judge in entering a conviction.


      In 1970, the  U.S.  Supreme  Court  found  no  federal  constitutional
barrier to a court’s acceptance of  a  guilty  plea  from  a  defendant  who
asserts innocence, at least when there is a strong  factual  basis  for  the
plea.  North Carolina v. Alford, 400 U.S. 25, 38 (1970).  Alford  explicitly
recognized the authority of individual states to  refuse  to  accept  guilty
pleas that are accompanied by assertions of innocence.  Id. at 38 n.11.


        Re-examining its own position in light of Alford, in 1983 this Court
reaffirmed that in Indiana “as a matter of law . . . a judge may not  accept
a plea of guilty when the defendant both pleads  guilty  and  maintains  his
innocence at the same time.”  Ross v.  State,  456  N.E.2d  420,  423  (Ind.
1983) (emphasis added).[6]

      Harshman and Ross, therefore,  clearly  established  that  an  Indiana
trial court may not accept a guilty plea that is accompanied by a denial  of
guilt.  The Harshman-Ross rule is explicitly contingent, however,  upon  the
protestation of innocence occurring at the same time the defendant  attempts
to enter the plea.  Harshman, 115 N.E.2d at 502, 232 Ind. at 621; Ross,  456
N.E.2d at 423.

      We elaborated on the policy underlying Indiana’s  rule   in  Trueblood
v. State, 587 N.E.2d 105 (Ind. 1992).  We observed  that  the  Harshman-Ross
rule serves to increase the reliability of guilty pleas.  Id.  at  107.   It
also promotes respect for the court system because it  prohibits  conviction
and sentencing without trial if the defendant has admitted no crime  to  the
court.  Id.  Still, as reiterated in Trueblood, it “generally  applies  only
to defendants who plead guilty and maintain  their  innocence  at  the  same
time.”  Id. (emphasis added).[7]


      There is a substantive difference between a  defendant  who  maintains
innocence but asks the court to impose punishment  without  trial,  and  one
who concedes guilt in one  proceeding  but  contradicts  that  admission  by
claiming  innocence  in  a  later  proceeding.   In  the  former  case,  the
defendant has consistently denied culpability, and has therefore never  made
the reliable admission of guilt that Indiana requires.  In the latter  case,
a defendant under oath has told the court  two  opposing  stories,  both  of
which cannot be true.


      An admission of guilt that  is  later  retracted  may  nonetheless  be
reliable.  See Trueblood, 587 N.E.2d at 109-10.   Admissions  of  guilt  and
assertions of innocence come in many shades of gray, and the trial judge  is
best situated to assess the reliability of each.  A  credible  admission  of
guilt, contradicted at a later date by a general and unpersuasive  assertion
of innocence, may well be adequate for entering a conviction.


      Nevertheless, Carter asks this  Court  to  narrow  the  trial  court’s
normal discretionary authority,  which  is  grounded  in  both  statute  and
precedent, and to give defendants in effect an absolute  right  to  withdraw
guilty  pleas  prior  to  formal  acceptance.   The  policy   considerations
underlying Indiana’s  prohibition  on  Alford  pleas  do  not  require  this
result.  Furthermore, a rule that would afford defendants an absolute  right
to retract a plea before its formal acceptance  would  be  an  all-too-handy
tool for deferring trial (and halting a  trial  in  progress  that  was  not
going well for the defendant) and would do little to enhance public  respect
for the courts.[8]


      Defendants who make impulsive or ill-advised plea decisions and regret
their actions upon later reflection are adequately protected  by  the  right
to request permission to withdraw a plea  and  to  appeal  a  conviction  if
permission is denied.  See Ind. Code Ann. § 35-35-1-4(b), (e) (West 1998).




                             II. A Case on Point


      Given Indiana’s long history on guilty pleas and claims of  innocence,
it is not surprising that this Court has previously heard a case  just  like
Carter’s.  The appeal in  Owens  v.  State,  426  N.E.2d  372  (Ind.  1981),
involved both a similar factual scenario and a comparable  legal  challenge.
Defendant Owens pled guilty to murder, two  counts  of  armed  robbery,  and
attempted robbery after he was  fully  advised  of  his  constitutional  and
statutory rights.  Id. at 372-73.  Owens conceded when he entered  his  plea
that the State’s factual assertions  were  substantially  correct.   Id.  at
374.   The  trial  court  took  the  plea  under  advisement  and  scheduled
sentencing for three weeks later, contingent  upon  its  acceptance  of  the
plea.  Id.


      At the sentencing hearing, before the trial  court  formally  accepted
the plea, Owens orally asked permission to withdraw the plea.   Id.   Owens’
counsel indicated to the court that her client now professed his  innocence.
 Id.  The court denied the request to withdraw the plea, and  then  formally
accepted the plea.  Id. at 375.  Owens was sentenced to forty years for  the
murder and to lesser concurrent terms for the other offenses.  Id.  at  372-
73.


      This Court unanimously held that, under both  statute  and  precedent,
“[t]he question whether a  defendant  should  be  permitted  to  withdraw  a
guilty plea, once it has been formally entered, is  a  matter  addressed  to
the sound discretion of the  trial  court.”   Id.  at  375.   Applying  this
standard, we held that the trial court  did  not  abuse  its  discretion  in
denying  Owens’  request.   In  support  of  this  conclusion,  this   Court
particularly noted that the protestation  of  innocence  at  the  sentencing
hearing was general in nature.  Id.


      Thus, we established nearly two decades ago that court  permission  is
required to withdraw a  guilty  plea,  even  when  the  plea  has  not  been
accepted and  the  withdrawal  request  is  based  upon  a  protestation  of
innocence.  Id. at 375.  Denial is reviewable under an abuse  of  discretion
standard.  Id.  Conflicting authority in the Court  of  Appeals,  Brooks  v.
State, 577 N.E.2d 980 (Ind. Ct. App. 1991),[9] served as  a  basis  for  the
dissent in the present appeal.[10]  Brooks is hereby disapproved.




                         III. Applying the Standard


      The facts presented here clearly demonstrate that the trial court  did
not abuse its discretion.  In Owens, the defendant pled guilty and  provided
a factual foundation  for  that  plea  by  admitting  that  the  allegations
against him were true.  Owens, 426 N.E.2d at 374.   Three  weeks  later,  at
his sentencing hearing, Owens asserted his innocence  in  a  general  manner
and asked to withdraw his guilty plea.  Id. at 374-75.  This Court found  no
abuse of discretion in the denial of the request.  Id. at 375.


      The circumstances in this case were very similar.  In  fact,  Carter’s
admission of guilt was more detailed.  (R. at 202-03.)  Also, in  evaluating
Carter’s assertion of innocence and implied request to withdraw  his  guilty
plea, the trial court specifically noted that Carter had been  “relaxed  and
quite candid” at the time he entered that  plea  and  provided  its  factual
foundation.  (R. at 216.)  The trial court did not  err  in  denying  Carter
permission to withdraw his guilty plea.



                                 Conclusion


      We grant transfer and summarily affirm the opinion  of  the  Court  of
Appeals.  Ind. Appellate Rule 11(B)(3).  The judgment of the trial court  is
thus affirmed.


Dickson, Sullivan, and Boehm, JJ., concur.
Rucker, J., concurs in result.
-----------------------
[1] When asked what he did that made him  guilty  of  this  offense,  Carter
responded “I shot somebody.”  He went on to describe  the  circumstances  as
follows:

      Well, I had went over there . . . I guess it was his . . .  some  girl
      that lived over had a problem with one of my cousins or something so I
      had went over to my Aunt house, you know, with a couple of  dudes  and
      her, you know, they was over there with a gun, talking  about  whether
      to tell (unintelligible name) to come outside, so I found out where it
      is, and I went over there to talk to him about it, you know, and first
      I got out the car and me and him talked, you know,  kind  of  like  an
      argument, heated up, and I was like, you know . . . I can’t recall the
      exact conversation we had, but you know,  to  the  extent,  you  know,
      words like we calling each other names.  I was like  f---,  you  know,
      like, f--- you.  He pulled out a gun and I pulled out a gun and I shot
      him.  I seen him run around the building and I just went  down  to  my
      car and left.


(R. at 202-03.)
[2]  During  the  pre-sentence  investigation,  Carter  told  the  probation
officer, “I am pleading guilty because I cannot prove that I didn’t do  it.”
 (R. at 46.)  The report also stated that “[t]he  defendant  is  maintaining
his innocence.  He said he only pled guilty to avoid getting 60  years.   He
said he only told the judge  what  he  read  in  the  police  report.”   Id.
This Court held in Moredock v. State, 540  N.E.2d  1230,  1231  (Ind.  1989)
that such protestations of innocence  made  outside  the  courtroom  do  not
entitle a prisoner to post-conviction relief.  Therefore,  these  assertions
do not affect our analysis.
[3] A defendant’s failure to submit a verified, written motion  to  withdraw
a guilty plea generally results in waiver of the issue  of  wrongful  denial
of the request.  Flowers v. State, 528 N.E.2d 57, 59 (Ind. 1988).   However,
the issue of waiver is neither presented nor addressed here.
[4] Harshman pled guilty to stealing a vehicle, but told the  judge  he  had
no recollection of doing so.  Id. at 620, 115 N.E.2d at 502.
[5] The Harshman Court called a guilty plea a “judicial confession,” a  term
first used in Batchelor v. State, 189 Ind. 69, 125  N.E.  773  (1920).   The
Batchelor Court explained it this way, quoting a treatise:

      Confessions are divided into two classes, namely, judicial and  extra-
      judicial.  Judicial confessions are those that  are  made  before  the
      magistrate or in court, in the due course of legal proceedings; and it
      is essential that they be made of the free will of the party, and with
      full and perfect knowledge of  the  nature  and  consequences  of  the
      confession.  Of this kind are the preliminary examinations,  taken  in
      writing by the magistrate, pursuant  to  statutes;  and  the  plea  of
      guilty made in open court, to  an  indictment.   Either  of  these  is
      sufficient to found a conviction, even if to be followed by a sentence
      of death, they being deliberately made, under the deepest solemnities,
      with the advice of counsel, and the protecting caution  and  oversight
      of the judge.  Such was the rule of the Roman Law * * * and it may  be
      deemed a rule of universal jurisprudence.

Id. at 80-81, 125 N.E. at 777.
      Batchelor was a remarkable case in which this Court early charted  its
position about the care a court  must  take  in  accepting  a  guilty  plea.
Batchelor was held in jail at Gary for four days, his frequent  requests  to
consult with his family and his lawyer refused.  On the fourth day,  he  was
taken to the jail at Crown Point.  On the fifth day, a grand  jury  indicted
him for murder in the first degree and officers  brought  him  to  the  Lake
Criminal Court for arraignment.  The trial judge told him he had  the  right
to a lawyer, but did not  ask  if  he  wanted  one.   The  judge  also  told
Batchelor that if he pled guilty the court would sentence him in  accordance
with law, but did not tell him what the sentence could be.  Asked to  plead,
Batchelor said he was guilty and wished to plead guilty.  The next day,  the
court accepted Batchelor’s plea  and  sentenced  him  to  death.   Two  days
later, Batchelor had had the chance to speak with  a  lawyer  and  moved  to
withdraw the plea.  The trial court refused.  This Court  reversed,  holding
that Batchelor’s right to counsel under Section 13 of the  Indiana  Bill  of
Rights had been denied him.  Justice Lairy  wrote,  “The  privilege  of  the
presence of counsel upon the  trial  would  be  a  poor  concession  to  the
accused if the right of consultation with such counsel prior  to  the  trial
was denied.”  Id. at 77, 125 N.E. at 776 (quoting People ex rel. Burgess  v.
Risley, 66 How. Pr. 67 (N.Y. 1883)).
[6] The Ross and Harshman cases had more in common than the key issue.   The
author of the Ross opinion  had,  as  a  young  assistant  public  defender,
represented Mr. Harshman.  Ross, 456 N.E.2d at 421; Harshman,  232  Ind.  at
619, 115 N.E.2d at 501.  By the time Ross was decided  thirty  years  later,
Richard M. Givan had moved behind the bench  and  become  Chief  Justice  of
Indiana.  Withered, Jerome L., Hoosier Justice:  A History  of  the  Supreme
Court of Indiana 148 (1998).
[7] We permitted a deviation from the “same time” rule in Patton  v.  State,
517 N.E.2d  374  (Ind.  1987),  but  we  observed  in  Trueblood  that  such
deviations were not automatic even in capital cases.  Trueblood, 587  N.E.2d
at 110.  Decided five years earlier, Patton held that a trial  court  abuses
its discretion if it refuses to allow a defendant who asserts  innocence  at
a sentencing hearing in a capital case to  withdraw  a  previously  accepted
guilty plea.  Patton, 517 N.E.2d at 376.  In Trueblood, the  defendant  pled
guilty after his trial commenced and several witnesses  had  given  damaging
testimony.  Trueblood, 587 N.E.2d at 109.  After the jury was released,  the
defendant asserted innocence and sought unsuccessfully to change  his  plea.
Id. at 107.  This Court held  that  the  trial  court  had  not  abused  its
discretion in denying the plea  withdrawal  request  and  imposing  a  death
sentence,  given  the  strong  indications  that  the  defendant  truthfully
admitted his guilt and later sought to retract the admission  in  an  effort
to manipulate the system.  Id. at 109-10.
[8] The result Carter seeks  would  raise  additional  concerns  beyond  the
potential for manipulation.  It could create  an  inequity  among  similarly
situated defendants, and a perverse incentive for judges.  Assume  that  two
defendants plead guilty in different courts.  One judge immediately  accepts
the plea and the other opts to defer formal acceptance until the  sentencing
hearing, pending review  of  a  pre-sentencing  investigation  report.   One
defendant would have an unqualified right to nullify the plea prior  to  its
acceptance days  or  weeks  later;  the  other  would  not  have  a  similar
opportunity.   In  addition,  judges  might  be  deterred  from  taking  the
reasonable and prudent step of reviewing pre-sentence investigation  reports
before formally accepting pleas, to avoid the risk of defendants  retracting
reliable pleas solely to prolong the adjudicative process.
[9] The court in Brooks held, based on facts similar to the case  presented,
that acceptance at a sentencing hearing of a previously entered guilty  plea
was reversible error because the defendant protested his innocence prior  to
the acceptance.  Brooks, 577 N.E.2d at 981.  Brooks was  erroneous  when  it
was written, in conflict with Owens.
[10] Carter v. State, 724 N.E.2d 281, 286 (Ind. Ct. App. 2000) (Sullivan,
J., dissenting), transfer granted, opinion vacated by Carter v. State, 735
N.E.2d 234 (Ind. May 24, 2000).