McGraw v. State
2010 Ind. App. LEXIS 2446
| Ind. Ct. App. | 2010Background
- McGraw was charged with Dealing in Cocaine (Class A originally) and several other offenses; he pled guilty to Dealing in Cocaine (Class B) on December 1, 2009 with other charges dismissed.
- On December 21, 2009 McGraw orally moved to withdraw the guilty plea; on January 27, 2010 he filed a verified motion alleging he was under the influence at the time of the plea.
- The trial court denied the motion on March 29, 2010 and McGraw was sentenced to ten years' imprisonment.
- McGraw asserted the plea was involuntary due to drug influence and that the judge coerced him by actively participating in plea negotiations.
- Indiana Code 35-35-1-4(b) governs post-plea withdrawal before sentencing, requiring manifest injustice to justify withdrawal and granting the trial court broad discretion, with appellate review for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea was involuntary due to substance use | McGraw argues plea was involuntary from drug influence | State contends record shows lucid, voluntary plea | No manifest injustice; denial affirmed |
| Whether the trial court coerced or abandoned neutrality during plea negotiations | McGraw claims coercion by judge | State asserts court stayed within proper role | No coercion; court did not abandon neutrality; denial affirmed |
| Whether the court properly applied the manifest-injustice standard under IC 35-35-1-4(b) | McGraw must show manifest injustice to withdraw | State argues discretion to deny withdrawal unless manifest injustice | Court acted within its discretion; no manifest injustice shown |
Key Cases Cited
- Coomer v. State, 652 N.E.2d 60 (Ind. 1995) (governs requirement of manifest injustice for withdrawal before sentencing)
- Weatherford v. State, 697 N.E.2d 32 (Ind. 1998) (review on appeal deference to trial court on factual disputes)
- Brightman v. State, 758 N.E.2d 41 (Ind. 2001) (inquiry into whether plea was freely made includes hearing record testimony)
- Byrd v. State, 592 N.E.2d 690 (Ind. 1992) (issues raised for first time on appeal are disfavored; trial court must be given opportunity)