Legal Opinion · Dissent

Jackson v. State

Indiana Court of Appeals

Decided April 27, 2005No. 43A03-0410-PC-472Published

1DissentDarden, Judge

I commend Judge Barnes on his thought-provoking and thorough analysis, but I must respectfully dissent.

Parke v. Raley, 506 U.S. 20, 113 S.Ct. 517, 121 L.Ed.2d 391 (1992), certainly lends flavor to our consideration of what the effect is when a defendant who pled guilty later seeks to have that plea vacated on post-conviction relief because it is “impossible” to reconstruct the guilty plea hearing to show that he was advised of those rights mandated by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). But I believe we must continue to use Boykin as our starting point. As…

2Cases cited7 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Parke v. RaleySupreme Court of the United States · 1993
  3. Richardson v. StateIndiana Supreme Court · 1999
  4. Tumulty v. StateIndiana Supreme Court · 1996
  5. Sims v. StateIndiana Supreme Court · 1980

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