guilty plea constitutes waiver (Indiana) · Go Syfert
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guilty plea constitutes waiver in Indiana

12 Indiana opinions name it 2 courts 1995–2026 2 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Davis v. Stategreen
ind · 1996 · cited in 8 Indiana opinions naming this issue, 2012–2026
2 sentences

2026See Davis v. State, 675 N.E.2d 1097, 1102 (Ind. 1996) (“A guilty plea constitutes a waiver of constitutional rights and this waiver requires a trial court to evaluate the validity of every plea before accepting it.

2023“A guilty plea constitutes a waiver of constitutional rights,” and therefore, the trial court must “evaluate the validity of every plea before accepting it.” Davis v. State, 675 N.E.2d 1097, 1102 (Ind. 1996).

88
Butler v. Stategreen
ind · 1995 · cited in 2 Indiana opinions naming this issue, 1996–1997
2 sentences

1997Butler v. State, 658 N.E.2d 72, 75 (Ind.1995); Stowers v. State, 266 Ind. 403, 409 , 363 N.E.2d 978 , 982 *596 (1977). 4 A factual basis exists when there is evidence about the elements of the crime from which a court could reasonably conclude that the defendant is guilty.

1996Butler v. State, 658 N.E.2d 72, 75 (Ind.1995), citing Stowers v. State, 266 Ind. 403 , 363 N.E.2d 978 (Ind.1977).

22
State v. Mooregreen
ind · 1997 · cited in 1 Indiana opinions naming this issue, 2023–2023
1 sentence

2023To that purpose, Indiana Code section 35-35-1-2 provides, in part, that the trial court shall not accept a guilty plea unless it determines the defendant: (1) understands the nature of the charges; (2) has been informed that a guilty plea effectively waives several constitutional rights, including trial by jury, confrontation and cross-examination of witnesses, the right to subpoena witnesses, and proof of guilt beyond a reasonable doubt without self-incrimination; and (3) has been Court of Appeals of Indiana | Opinion 22A-PC-1496 | June 14, 2023 Page 11 of 23 informed “of the maximum possible

11
Diaz v. Stategreen
ind · 2010 · cited in 1 Indiana opinions naming this issue, 2023–2023
1 sentence

2023To that purpose, Indiana Code section 35-35-1-2 provides, in part, that the trial court shall not accept a guilty plea unless it determines the defendant: (1) understands the nature of the charges; (2) has been informed that a guilty plea effectively waives several constitutional rights, including trial by jury, confrontation and cross-examination of witnesses, the right to subpoena witnesses, and proof of guilt beyond a reasonable doubt without self-incrimination; and (3) has been Court of Appeals of Indiana | Opinion 22A-PC-1496 | June 14, 2023 Page 11 of 23 informed “of the maximum possible

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Stowers v. State green
ind · 1977
2 sentences

1997Butler v. State, 658 N.E.2d 72, 75 (Ind.1995); Stowers v. State, 266 Ind. 403, 409 , 363 N.E.2d 978 , 982 *596 (1977). 4 A factual basis exists when there is evidence about the elements of the crime from which a court could reasonably conclude that the defendant is guilty.

1997Butler v. State, 658 N.E.2d 72, 75 (Ind.1995); Stowers v. State, 266 Ind. 403, 409 , 363 N.E.2d 978 , 982 *596 (1977). 4 A factual basis exists when there is evidence about the elements of the crime from which a court could reasonably conclude that the defendant is guilty.

31995–1997
Agostino v. United States green
scotus · 1998
1 sentence

2023To that purpose, Indiana Code section 35-35-1-2 provides, in part, that the trial court shall not accept a guilty plea unless it determines the defendant: (1) understands the nature of the charges; (2) has been informed that a guilty plea effectively waives several constitutional rights, including trial by jury, confrontation and cross-examination of witnesses, the right to subpoena witnesses, and proof of guilt beyond a reasonable doubt without self-incrimination; and (3) has been Court of Appeals of Indiana | Opinion 22A-PC-1496 | June 14, 2023 Page 11 of 23 informed “of the maximum possible

12023–2023
Fisher v. State green
ind · 2004
1 sentence

2020The post-conviction court is the sole judge of the weight of the evidence and the credibility of witnesses. 2 Id. [15] Barber argues reversal is required because: (A) his due process rights were violated when he pled guilty while incompetent; and (B) he was denied effective assistance of trial counsel when counsel failed to raise the issue of competency. 3 A. Due Process [16] Generally, a guilty plea constitutes a waiver of constitutional rights and this waiver requires a trial court to evaluate the validity of every plea before 2 To the extent the post-conviction court adopted the State’s fin

12020–2020

Statutes the citing opinions construe

IN § Ind. Code § 35-35-1-2 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 63 (1974–2026) TX 41 (2006–2023) NJ 20 (1982–2025) MI 18 (2001–2025) OH 13 (1993–2025) IN 12 (1995–2026) TN 11 (1991–2010) SC 9 (1982–2022) DE 7 (1997–2024) WA 6 (1977–2026) CT 5 (1997–2016) LA 4 (1994–2012) WI 4 (1983–2010) AZ 3 (1974–1979) OR 3 (1980–2005) NE 2 (1996–1997) MD 2 (1975–1987) SD 2 (2013–2013) IL 2 (1988–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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