Legal Opinion

Hall v. State

Indiana Supreme Court

Decided June 20, 2006No. 02S05-0503-PC-104PublishedCited by 127 opinions

1Opinion of the Court

On Petition To Transfer from the Indiana Court of Appeals, No. 02A05-0401-PC-48

RUCKER, Justice.

A petitioner who pursues a claim for post-conviction relief challenging a plea of guilty on the ground that he was not advised of his Boykin rights is not entitled to relief solely because the guilty plea record is lost and cannot be reconstructed. Rather, the petitioner has the burden of demonstrating by a preponderance of the evidence that he is entitled to relief.

Facts and Procedural History

On July 20, 1982 Gregory Charles Hall was charged with Burglary as a Class C felony. Trial was scheduled…

2Cases cited30 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Parke v. RaleySupreme Court of the United States · 1993
  3. Fisher v. StateIndiana Supreme Court · 2004
  4. Ben-Yisrayl v. StateIndiana Supreme Court · 2000
  5. White v. StateIndiana Supreme Court · 1986

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3Cited by127 opinions

  1. Jensen v. StateIndiana Supreme Court · 2009
  2. Lindsey v. StateIndiana Court of Appeals · 2008
  3. Collins v. StateIndiana Court of Appeals · 2007
  4. Fisher v. StateIndiana Court of Appeals · 2007
  5. State of Indiana v. Russell OneyIndiana Supreme Court · 2013

122 more not listed; retrieve them via the Exa API.

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