Kite v. State

Petitioner sought and was denied relief pursuant to Ind. Rules of Procedure, Post-Conviction Remedies, Rule 1, from a plea of guilty entered November 20, 1970, at his arraignment on a charge of rape. We reverse.

This court has construed Boykin v. Alabama (1969), 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, as requiring an in-court advisement and waiver of a defendant’s right to trial by jury, right to confront his accusers, and privilege against compulsory self-incrimination prior to the acceptance of a plea of guilty. The court’s duty to advise is non-delegable and is not discharged by a…