Gerald L. Doll v. State of Indiana (mem. dec.)
91A05-1704-PC-912
| Ind. Ct. App. | Dec 29, 2017Background
- In 2012 Gerald L. Doll pleaded guilty to Class B felony robbery (resulting in bodily injury), Class C felony robbery, and Class D felony resisting law enforcement pursuant to a plea agreement; two other counts were dropped and the State agreed not to file a habitual-offender enhancement.
- Doll admitted at the plea hearing that he understood the agreement, discussed it with counsel, signed it, and agreed with the factual basis; the court accepted the plea and imposed consecutive sentences (20 + 8 + 2 years = 30 years).
- Doll filed a petition for post-conviction relief in 2016 alleging (1) his plea was not voluntary because the State threatened a habitual-offender enhancement, (2) trial counsel was ineffective (failed to depose witnesses, failed to explain sentence exposure, failed to challenge the habituaI-offender threat), and (3) the sentence was erroneous due to unsubstantiated aggravators and Apprendi/Blakely error.
- After an evidentiary hearing the post-conviction court denied relief, finding Doll failed to show his plea was involuntary or that counsel’s performance fell below reasonable standards or caused prejudice.
- On appeal the Court of Appeals reviewed voluntariness, ineffective-assistance claims under Strickland and Segura (for plea-related claims), and sentencing under the advisory sentencing scheme; it affirmed the denial of post-conviction relief.
Issues
| Issue | Plaintiff's Argument (Doll) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Voluntariness of plea | Plea was coerced by State’s threat of a habitual-offender enhancement, so not knowing/voluntary | Doll knowingly entered plea after colloquy; threat of enhancement was realistic negotiation, not coercion | Affirmed — plea was knowing and voluntary |
| Ineffective assistance of counsel | Counsel failed to depose witnesses, failed to explain sentence exposure, and failed to object to late habitual-offender threat | Counsel negotiated favorable plea, discussed risks including habitual enhancement; failures not shown to be objectively deficient or prejudicial | Affirmed — no deficient performance or prejudice under Strickland/Segura |
| Erroneous sentence / Apprendi/Blakely claim | Trial court used unsubstantiated aggravators and denied jury determination of facts increasing sentence | Sentence was within statutory ranges under Indiana’s advisory scheme (post-Smylie revisions); plea admitted facts and was within ranges | Affirmed — sentence lawful under advisory sentencing; no Apprendi/Blakely violation |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishing ineffective-assistance two-prong test)
- Segura v. State, 749 N.E.2d 496 (categorization and analysis of plea-related ineffective-assistance claims)
- Apprendi v. New Jersey, 530 U.S. 466 (facts increasing penalty beyond statutory maximum must be submitted to a jury)
- Blakely v. Washington, 542 U.S. 296 (limits on judicial fact-finding to enhance sentences)
- Smylie v. State, 823 N.E.2d 679 (Indiana sentencing scheme found unconstitutional pre-revision; led to legislative changes)
- Marbley-El v. State, 929 N.E.2d 194 (post-revision advisory sentencing permits any sentence within statutory range)
- Willoughby v. State, 792 N.E.2d 560 (post-conviction burden and appellate standard)
- Henley v. State, 881 N.E.2d 639 (standard for reversing post-conviction court findings)
