Legal Opinion
Creech v. State
Indiana Supreme Court
Decided May 21, 2008No. 35S02-0709-CR-376PublishedCited by 86 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
The question here is whether a criminal defendant can, as part of a plea agreement, waive his right to appeal a discretionary sentencing decision. We hold that a defendant can do so, as long as the waiver is knowing and voluntary.
Facts and Procedural History
In May 2006, Timothy Ray Creech was charged with one count of child molesting as a class C felony. See Ind.Code Ann. § 35-42-4-3(b) (West 2007). Creech and the State subsequently tendered a plea agreement that left Creech’s sentence to the discretion of the trial judge but capped the executed portion at six years.…
2Cases cited28 opinions
- Childress v. StateIndiana Supreme Court · 2006
- United States v. Gul Khan KhattakCourt of Appeals for the Third Circuit · 2001
- Sanders v. StateIndiana Supreme Court · 1882
- United States v. Langford WigginsCourt of Appeals for the Fourth Circuit · 1990
- United States v. Donelle FlemingCourt of Appeals for the Sixth Circuit · 2001
23 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Woods v. StateIndiana Supreme Court · 2008
- Holloway v. StateIndiana Court of Appeals · 2011
- Todd J. Crider v. State of IndianaIndiana Supreme Court · 2013
- Bowling v. StateIndiana Court of Appeals · 2012
- Justine Archer v. State of IndianaIndiana Supreme Court · 2017
81 more not listed; retrieve them via the Exa API.