change of plea hearing in Indiana

2020See Brightman, 758 N.E.2d at 44 .

2019“In determining whether a trial court has abused its discretion in denying a motion to withdraw a guilty plea, we examine the statements made by the defendant at the guilty plea hearing to decide whether the plea was offered ‘freely and knowingly.’” Id. (quoting Brightman v. State, 758 N.E.2d 41, 44 (Ind. 2001)). [14] Here, the record demonstrates Turner’s statements at the change of plea hearing were offered freely and knowingly.

2019See Fisher, 810 N.E.2d at 679 (appellate court will not reweigh evidence or judge the credibility of witnesses). [11] Even if there had been an error, Williams was not prejudiced in any way by Keefe’s representation at the change of plea hearing. “[I]n order to establish that the guilty plea would not have been entered if counsel had performed adequately, the petitioner must show that a defense was overlooked or impaired and that the defense would likely have changed the outcome of the proceeding.” Segura v. State, 749 N.E.2d 496, 499 (Ind. 2001).

2019See Fisher , 810 N.E.2d at 679 (appellate court will not reweigh evidence or judge the credibility of witnesses). [11] Even if there had been an error, Williams was not prejudiced in any way by Keefe's representation at the change of plea hearing. "[I]n order to establish that the guilty plea would not have been entered if counsel had performed adequately, the petitioner must show that a defense was overlooked or impaired and that the defense would likely have changed the outcome of the proceeding." Segura v. State , 749 N.E.2d 496 , 499 (Ind. 2001).

2019See Fisher, 810 N.E.2d at 679 (appellate court will not reweigh evidence or judge the credibility of witnesses). [11] Even if there had been an error, Williams was not prejudiced in any way by Keefe’s representation at the change of plea hearing. “[I]n order to establish that the guilty plea would not have been entered if counsel had performed adequately, the petitioner must show that a defense was overlooked or impaired and that the defense would likely have changed the outcome of the proceeding.” Segura v. State, 749 N.E.2d 496, 499 (Ind. 2001).

2019See Fisher , 810 N.E.2d at 679 (appellate court will not reweigh evidence or judge the credibility of witnesses). [11] Even if there had been an error, Williams was not prejudiced in any way by Keefe's representation at the change of plea hearing. "[I]n order to establish that the guilty plea would not have been entered if counsel had performed adequately, the petitioner must show that a defense was overlooked or impaired and that the defense would likely have changed the outcome of the proceeding." Segura v. State , 749 N.E.2d 496 , 499 (Ind. 2001).

2016Willoughby v. State, 792 N.E.2d 560, 563 (Ind.Ct.App.2003), trans. *1264 denied.

2016See Creech 887 N.E.2d at 77 (explaining by the time the trial court erroneously advised the defendant of the possibility of appeal, the defendant had already pleaded guilty and received the benefit of his bargain, therefore being told at the close of the sentencing hearing that he could appeal presumably had no effect on his decision to enter the plea agreement). [8] Here, the plea agreement was referenced repeatedly at the change of plea hearing, and McCampbell acknowledged having read and signed it.

2016See Creech 887 N.E.2d at 77 (explaining by the time the trial court erroneously advised the defendant of the possibility of appeal, the defendant had already pleaded guilty and received the benefit of his bargain, therefore being told at the close of the sentencing hearing that he could appeal presumably had no effect on his decision to enter the plea agreement). [8] Here, the plea agreement was referenced repeatedly at the change of plea hearing, and McCampbell acknowledged having read and signed it.