Morrison v. State

466 N.E.2d 783, 1984 Ind. App. LEXIS 2899
CourtIndiana Court of Appeals
DecidedAugust 9, 1984
Docket2-983A332
StatusPublished
Cited by22 cases

This text of 466 N.E.2d 783 (Morrison v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morrison v. State, 466 N.E.2d 783, 1984 Ind. App. LEXIS 2899 (Ind. Ct. App. 1984).

Opinions

SULLIVAN, Judge.

Petitioner, Chester Morrison, appeals from the denial of his petition for post-conviction relief, pursuant to Indiana Rules of Procedure, Post Conviction Rule 1. He assigns as error the post-conviction court's determination that:

(1) His petition was barred by laches; and
(2) His 1974 guilty plea was entered knowingly, intelligently, and voluntarily.

On May 14, 1974, Chester Morrison (Morrison) pled guilty to a charge of first degree burglary. Pursuant to a plea agreement, he was sentenced to 364 days to be served at the Indiana State Farm. Eight years later, in 1982, Morrison was convict ed of voluntary manslaughter. Subsequently, the trial court determined that Morrison was a habitual offender and enhanced his sentence accordingly. Morrison's 1974 first degree burglary conviction was one of the felonies upon which the trial court based its determination that Morrison was a habitual offender. Morrison now challenges the lower court's ruling denying his petition for post-conviction relief. He asserts that his 1974 guilty plea was not given intelligently, voluntarily, or knowingly because the trial court, at that time, did not specifically advise him of his right to a "speedy and public" trial. In addition, Morrison contends that although the trial court informed him of the State's burden of proof on each element of the charged offense, he was not informed of the standard of proof beyond a reasonable doubt, and therefore, did not knowingly or intelligently enter his plea of guilt. Finally, he disputes the post-conviction court's finding of laches.

The post-conviction court ruled:

"1. The law is with the State of Indiana and against the Petitioner.
2. The Petitioner has failed to meet his burden of proof as to the allegation in his Petition.
3. The Petitioner's plea of guilty was entered knowingly, intelligently and voluntarily.
4. Petitioner's grounds for relief are barred by the Doctrine of Latches [sic] since they have been available to him since May 28, 1974.
WHEREFORE, it is Ordered, Adjudged, and Decreed that The Petitioner's Petition and Amended Petition for Post-Conviction Relief should be and are hereby denied." Record at 81.

I.

LACHES

Morrison contends that the post-conviction court erred in determining that his petition was barred by laches because the trial court did not place the burden of proof upon the State to establish a prima facie case of laches; consequently, the State did not meet its burden of proof to show each of the elements of laches. He further argues that, in any event, his eight year delay in attacking the validity of his 1974 conviction is not unreasonable because he was unaware of the availability of post-conviction relief until his incarceration in 1982. Finally, he contends that the setting aside of his 1974 conviction would not be prejudicial to the State, even in a habitual criminal proceeding which is based, in part, upon the prior conviction, because he has already served his sentence upon the prior conviction.

A.

BURDEN OF PROOF

The law, as it regards the burden to prove or disprove laches in a post-conviction proceeding, has undergone a substantial modification and clarification since the post-conviction court herein ruled that Morrison was guilty of laches. Prior to our Supreme Court's recent decision in Twyman v. State (1984) Ind., 459 N.E.2d 705, there were several Court of Appeals deci[786]*786sions which held that the state need only raise laches as a defense in a post-conviction proceeding to shift to the petitioner the burden of disproving either one or all of the elements of laches. Thus, a petitioner's failure or inability to negate one or all of the elements of laches served as a bar to review of his petition on the merits. Al though laches is an affirmative defense, requiring the asserting party to prove each of the elements, the post-conviction proceeding became an apparent exception to the rule. See, e.g., Gregory v. State (4th Dist.1983) Ind.App., 456 N.E.2d 1072; Boykins v. State (4th Dist.1983) Ind.App., 456 N.E.2d 1079; Twyman v. State (1st Dist.1983) Ind.App., 452 N.E.2d 434; Hernandez v. State (3d Dist.1983) Ind.App., 450 N.E.2d 93; Stutzman v. State (3d Dist.1981) Ind.App., 427 N.E.2d 724. Twyman v. State, supra, 459 N.E.2d 705, has overruled this line of cases insofar as they purport to shift the burden of proof on the issue of laches to the petitioner for negation thereof. The court stated:

"The law in Indiana is still that once the State raises the affirmative defense of laches in a post-conviction relief proceeding the petitioner is entitled to an eviden-tiary hearing upon the issue, before the judge may find laches applies. The burden of proving the defense rests entirely upon the State. The petitioner may prove evidence to negate the State's evidence, but this in no way shifts the onus to the petitioner to disprove laches." (Emphasis supplied) Id. at 712.

This holding was confirmed most recently in Gregory v. State (1984) Ind., 463 N.E.2d 464. It is quite clear that if the State, in a post-conviction proceeding, wishes to preclude a review upon the merits of an allegedly invalid prior conviction, by asserting laches, the State must not only raise the issue, but must establish a prima facie case by proof of each of the elements of laches.

Our Supreme Court has defined laches as follows:

"[Llaches is the neglect for an unreasonable length of time, under cireumstances permitting diligence, to do what in law should have been done. It is an implied waiver arising from knowledge of exist ing conditions and an acquiesence in them, the neglect to assert a right, as taken in conjunction with the lapse of time, more or less great, and other circumstances causing prejudice to the other party and thus operating as a bar in a court of equity." (Citations omitted.) Frazier v. State (1975) 263 Ind. 614, 335 N.E.2d 623, 624.

As has often been stated, the lapse of time, in and of itself, does not constitute laches. Other elements must be considered in the determination, among these, the reasonableness of the delay and prejudice, if any, to the adverse party. Twyman v. State, supra, 459 N.E.2d 705, 712.

Turning to the facts of this case, we must agree with Morrison that the State failed to meet its initial burden of proof on the elements of laches. The state raised the defense and, as required by Twy-man, the post-conviction court held an evi-dentiary hearing on the matter.

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Bluebook (online)
466 N.E.2d 783, 1984 Ind. App. LEXIS 2899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-state-indctapp-1984.