Legal Opinion · Concurring in part, dissenting in part

Davis v. State

Indiana Supreme Court

Decided April 13, 1983No. 581S145Published

1Concurring in part, dissenting in partPivarnik, Justice

I dissent from the majority opinion only in Issue II, in which it finds that the petitioner's plea of guilty to the charge of rape must be vacated. I concur in the majority opinion in all other respects.

I cannot agree that the petitioner carried his burden of showing his guilty plea to the charge of rape was not knowingly and intelligently made since the record does not show that the trial judge expressly informed the petitioner of his right to compulsory process for obtaining witnesses. The majority agrees that the record shows that the petitioner was aware of this right and demonstrated it…

2Cases cited10 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Neeley v. StateIndiana Supreme Court · 1978
  3. Turman v. StateIndiana Supreme Court · 1979
  4. Williams v. StateIndiana Supreme Court · 1975
  5. Hoskins v. StateIndiana Supreme Court · 1973

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