Turner v. State
Indiana Court of Appeals
1Opinion of the Court
OPINION
NAJAM, Judge.
STATEMENT OF THE CASE
Franklin Turner pleaded guilty to Dealing in Cocaine, as a Class A felony. He presents a single issue for our review, namely, whether the trial court should have granted his motion to withdraw his guilty plea because it was necessary to correct a manifest injustice. We hold that because Turner's case was not yet final, and he has a credible defense under the new constitutional rule announced in Litchfleld v. State, 824 N.E.2d 356 (Ind. 2005), his motion should have been granted.
We reverse and remand.1
FACTS AND PROCEDURAL HISTORY
On August 21, 2008, a…
Also in this document: Concurrence.
2Cases cited12 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- United States v. ArvizuSupreme Court of the United States · 2002
- Ybarra v. IllinoisSupreme Court of the United States · 1980
- Litchfield v. StateIndiana Supreme Court · 2005
- Smylie v. StateIndiana Supreme Court · 2005
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3Cited by10 opinions
- Peel v. StateIndiana Court of Appeals · 2011
- Washburn v. StateIndiana Court of Appeals · 2007
- Belvedere v. StateIndiana Court of Appeals · 2007
- Bowles v. StateIndiana Court of Appeals · 2007
- Belvedere v. StateIndiana Court of Appeals · 2007
5 more not listed; retrieve them via the Exa API.