151 N.E.3d 1281
Ind. Ct. App.2020Background:
- In November 2017, then-17-year-old Nehemiah Merriweather and cohorts burglarized three Indianapolis homes; Dr. Kevin Rodgers was shot and killed during one burglary.
- The group recorded celebratory videos after the crimes.
- Merriweather was charged with murder, one level 1 burglary, and three level 4 burglaries; he denied being the shooter.
- Under a January 9, 2020 plea agreement Merriweather pleaded guilty to three level 4 burglaries; murder and the level 1 burglary were dismissed; sentencing was capped at 30 years.
- At the plea and sentencing hearings the trial court orally advised Merriweather he retained the right to appeal his sentence despite a written waiver in the plea agreement.
- The trial court imposed consecutive 10-year terms on each count (aggregate 30 years); Merriweather appealed, arguing the sentence is inappropriate under App. R. 7(B).
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Merriweather) | Held |
|---|---|---|---|
| Whether Merriweather waived his right to appeal his sentence by signing a written waiver in the plea agreement | Written plea waiver was knowing and voluntary (initialed, acknowledged at plea), so appeal should be dismissed | Trial court’s explicit oral advisements at the plea and sentencing hearings that he retained the right to appeal rendered the written waiver a nullity | Waiver invalidated: court treated written waiver as a nullity because of unequivocal oral advisements; appeal allowed |
| Whether the 30-year aggregate sentence is inappropriate under Indiana Appellate Rule 7(B) | Sentence falls within plea cap and is supported by the gravity of the offenses and offender’s record; State did not seek dismissal after oral advisements | Sentence is excessive given Merriweather’s youth and positive conduct in custody; trial court misweighed mitigation | Affirmed: Merriweather failed to show the aggregate 30-year sentence is inappropriate in light of the offenses and his character |
Key Cases Cited
- Creech v. State, 887 N.E.2d 73 (Ind. 2008) (written plea-waiver enforceable if knowing and voluntary; post‑bargain judicial remarks unlikely to undo waiver)
- Ricci v. State, 894 N.E.2d 1089 (Ind. Ct. App. 2008) (trial court’s plea‑hearing statement that defendant retained appellate rights can nullify written waiver)
- Bonilla v. State, 907 N.E.2d 586 (Ind. Ct. App. 2009) (contradictory oral advisements at plea hearing can prevent waiver of appeal rights)
- Johnson v. State, 145 N.E.3d 785 (Ind. 2020) (trial court’s role in safeguarding validity of plea-waiver is critical)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (defendant bears burden to show sentence inappropriate under App. R. 7(B))
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (appellate review of sentence under 7(B) gives considerable deference to trial court; focus on aggregate sentence)