Brandon L. Johnson v. State of Indiana, 140 N.E.3d 854

In Feb. 2016 police searched a vehicle containing Brandon L. Johnson (a probationer) and found methamphetamine, scales, and needles; Johnson admitted ownership and intent to sell.
Johnson pled guilty on Apr. 3, 2017 to Level 4 felony dealing in methamphetamine under an "open sentencing / blind plea"; the written plea form included a boilerplate line: "DEFENDANT WAIVES RIGHT TO APPEAL AND POST-CONVICTION RELIEF."
At the plea hearing the court advised Johnson he was waiving appellate rights; at sentencing the court imposed the statutory maximum (12 years) and stated it would not appoint appellate counsel because the plea waived appeal rights.
Johnson did not timely appeal. After learning (from another inmate) in 2018 that sentencing in an open plea might be appealable, he sought appellate counsel, filed pro se motions, and then, with counsel, petitioned for permission to file a belated notice of appeal.
The trial court held an evidentiary hearing, denied Johnson’s motion to judicially notice certain court records (later found to be part of the record), and denied the petition for a belated appeal on the ground Johnson had waived his right to appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by refusing to take judicial notice of court records/exhibits attached to Johnson's petition	State: denial permissible or harmless because materials were in the record and relied upon	Johnson: court abused discretion by not taking judicial notice of records he supplied	Court: Rule 201 required notice if requested, but any error was harmless—court and record already considered the materials and the appellate court took notice
Whether Johnson is an "eligible defendant" for a belated appeal or has waived the right to appeal his sentence	State: waiver clause "waives right to appeal" bars a belated appeal; Johnson therefore not eligible under P-C.R. 2	Johnson: waiver ambiguous / did not expressly waive right to appeal sentence from an open plea; he was misadvised and therefore not at fault for missing the appeal deadline	Court: waiver is effective—by pleading guilty he necessarily waived appeal of his conviction and the plea's general waiver unambiguously covered any right to appeal the sentence; trial court properly denied the belated‑appeal petition

Horton v. State, 51 N.E.3d 1154 (Ind. 2016) (courts may take judicial notice of records of a court of this state under Evid. R. 201)
Collins v. State, 817 N.E.2d 230 (Ind. 2004) (defendant who enters an open plea may appeal sentencing discretion)
Tumulty v. State, 666 N.E.2d 394 (Ind. 1996) (guilty plea restricts ability to challenge conviction on direct appeal)
Creech v. State, 887 N.E.2d 73 (Ind. 2008) (waiver of appellate rights in plea agreement can be enforceable; waiver of post-conviction relief is void)
Alvey v. State, 911 N.E.2d 1248 (Ind. 2009) (trial court cannot grant a defendant appeal rights that survive a guilty plea)
Berry v. State, 10 N.E.3d 1243 (Ind. 2014) (plea agreements are contractual and courts are bound by their terms)