Tabitha Lykins-Greene v. State of Indiana (mem. dec.)
78A01-1705-CR-1129
| Ind. Ct. App. | Oct 3, 2017Background
- Lykins‑Greene was charged with multiple felonies arising from alleged burglary and theft involving her husband; she pleaded guilty to an amended Level 5 burglary charge and the State dismissed other counts.
- At the February 15, 2017 plea hearing the court thoroughly advised her of constitutional rights; she acknowledged under oath that she understood and that her plea was voluntary and had a factual basis.
- She signed a written plea agreement after discussing it with counsel; the court read the plea agreement aloud and confirmed she was not coerced.
- In April 2017 she sent an unverified letter requesting withdrawal of her plea and replacement of counsel, claiming counsel misled her and prevented her from testifying or pursuing exculpatory discussions.
- At sentencing the court received sworn testimony from Lykins‑Greene and counsel; the court found she failed to file the statutorily required verified motion to withdraw and that her plea had been knowing and voluntary.
- The trial court denied withdrawal, accepted the plea, and imposed sentence; Lykins‑Greene appealed the denial as an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying request to withdraw guilty plea | Lykins‑Greene argued counsel lied/misled her, discouraged testimony, and coerced plea; she claims innocence and wants trial | State argued plea was knowing, voluntary, court complied with plea procedures, and defendant failed to file a verified motion | Court affirmed: no abuse of discretion — plea was knowing/voluntary, defendant waived review by failing to file verified motion, and self‑serving claims of innocence insufficient |
Key Cases Cited
- Jeffries v. State, 966 N.E.2d 773 (Ind. Ct. App. 2012) (standard for reviewing denial of motion to withdraw guilty plea and requirement of showing manifest injustice)
- Brightman v. State, 758 N.E.2d 41 (Ind. 2001) (presumption in favor of trial court ruling on plea withdrawals)
- Gross v. State, 22 N.E.3d 863 (Ind. Ct. App. 2014) (burden on defendant to prove by preponderance and specific facts entitlement to withdraw plea)
- Carter v. State, 739 N.E.2d 126 (Ind. 2000) (unverified request to withdraw plea generally results in waiver; later innocence claims do not automatically void knowing and voluntary pleas)
- Gipperich v. State, 658 N.E.2d 946 (Ind. Ct. App. 1995) (defense relying solely on defendant’s own testimony does not meet burden to show manifest injustice)
