Ronald B. Hawkins v. State of Indiana
2013 Ind. LEXIS 126
| Ind. | 2013Background
- Ronald Hawkins, North Carolina resident, was charged in Elkhart County, Indiana with two counts of non-support of a dependent (Class C felonies).
- Hawkins appeared, pled not guilty, and a public defender was appointed; he later signed a plea, and trial proceedings occurred via video for a July 13 hearing.
- Hawkins withdrew his plea on July 27 and sought a jury trial; the court scheduled an November 7 trial and warned of trial in absentia if he failed to appear.
- The public defender moved to withdraw on October 10; Hawkins appeared by telephone at the October 19 hearing, with subsequent hearings rescheduled to October 26.
- Hawkins failed to appear for the October 26 hearing; the court granted the withdrawal and kept the November 7 trial date, later trying him in absentia when he was absent.
- A deputy prosecutor indicated Hawkins would arrive around 1:30 p.m. Hawkins arrived later that day; the court proceeded with voir dire and trial, and the jury found him guilty on both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Hawkins's trial in absentia unconstitutional without counsel? | Hawkins's absence implied waiver of counsel. | His right to counsel was not knowingly, voluntarily, or intelligently waived. | Not waived; trial in absentia inappropriate; convictions vacated and remanded for new trial. |
| Did the record show a valid waiver of the right to counsel? | Waiver implied by prior advisements and withdrawals. | No clear, knowing waiver existed in record. | Court assumed constructive notice but found no valid waiver; remand for new trial. |
| Is video sentencing permissible without a written waiver and prosecution consent? | Video sentencing allowed under rule if waiver and consent exist. | No waiver or consent shown; physical presence required. | Issue moot due to remand; cautioned proper waivers and procedures for future cases. |
Key Cases Cited
- Jackson v. State, 868 N.E.2d 494 (Ind. 2012) (absence can be waiver if willful; here not egregious)
- Sanjari v. State, 961 N.E.2d 1005 (Ind. 2012) (enhancement of arrearages to class C felonies; one debt maxes one charge)
- Johnson v. Zerbst, 304 U.S. 458 (U.S. 1938) (waiver must be knowing, voluntary, intelligent; presumption against waiver)
- Poynter v. State, 749 N.E.2d 1122 (Ind. 2001) (prescribes protections around waiver and counsel)