265 Ind. 417 - Avery v. State

How this case has been cited

Cited by 15 later decisions — most recently March 2001

15 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Dissenting Opinion

Arterburn, J.

¶2I dissent from the granting of Post-Conviction relief in this case.

¶3The record shows that this was a bargained plea in which the first degree murder charge was reduced to second degree by agreement with the prosecutor. Now the defendant reneges on that arrangement after 4 or 5 years and contends that the trial court did not properly instruct him on his constitutional rights.

¶4The record clearly shows that his contention is not true. The record shows: “and the defendant is now interrogated by the Court and instructed as to his constitutional rights. . . .” *423I find no cases that require that the Judge has to read the Constitution, read every provision and give a lecture on constitutional law and put the lecture in the record before he can take a plea of guilty.

¶5This man had adequate, competent counsel which was for the purpose of informing him of his legal rights. I can see no grounds whatever or any evidence that this man was deceived or misinformed of his constitutional rights.

¶6Note. — Reported at 355 N.E.2d 395.