Schuman v. Duckworth

553 F. Supp. 421, 1981 U.S. Dist. LEXIS 17778
CourtDistrict Court, N.D. Indiana
DecidedOctober 21, 1981
DocketNo. S81-204
StatusPublished
Cited by1 cases

This text of 553 F. Supp. 421 (Schuman v. Duckworth) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schuman v. Duckworth, 553 F. Supp. 421, 1981 U.S. Dist. LEXIS 17778 (N.D. Ind. 1981).

Opinion

MEMORANDUM AND ORDER

SHARP, Chief Judge.

Petitioner Richard Lee Sehuman, is a state prisoner who is presently incarcerated at the Indiana State Prison pursuant to his conviction for second degree murder. Petitioner originally entered a plea of not guilty on November 1, 1967 (R. 47-48) but changed his plea to guilty to the charge in question on July 1, 1968 (R. 62-65). The state trial court accepted the guilty plea and sentenced Petitioner to life imprisonment on July 12,1968 (R. 67-71). Thereafter, the Petitioner filed a Petition for Post-Conviction Relief in the state trial court on January 22, 1970 (R. 2). Following various proceedings, including an evidentiary hearing, the state trial court issued its Findings of Fact and Conclusions of Law (R. 91 — 107) on July 24,1974, denying any relief to Petitioner. An appeal was taken to the Supreme Court of Indiana, and the Petitioner presented to that court essentially the same issues in question in this proceeding. The Supreme Court of Indiana decided the issues adversely to Petitioner on December 9, 1976, in a written opinion. See Schuman v. State, 265 Ind. 586, 357 N.E.2d 895 (1976).

The Petitioner has raised essentially two grounds for relief in this proceeding. In essence, the Petitioner has alleged that his guilty plea was constitutionally defective because he was incompetent to enter such a [423]*423plea at the time in question. He also complains about the failure of the trial court to conduct a competency examination prior to the entry of the guilty plea. The state court record has been filed here and carefully examined.

The Petitioner has not shown that the various state proceedings were less than full and fair. The state court records reveal that Petitioner was afforded an adequate opportunity to raise his claims in the state courts. The factual findings of the state courts with respect to the present issues including those set out in the opinion of the Supreme Court of Indiana are entitled to deference by the Court, and those findings are fully supported by the record. See 28 U.S.C. § 2254(d); Sumner v. Mata, 449 U.S. 539, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981); United States ex rel Clark v. Fike, 538 F.2d 750 (7th Cir.1976); United States ex rel McNair v. State of New Jersey, 492 F.2d 1307 (3d Cir.1974).

It is the Petitioner’s burden to establish that the merits of an issue were not resolved against him in full and fair proceedings in the state courts. Sumner v. Mata, supra; Howard v. Maggio, 540 F.2d 1280 (5th Cir.1976); Velleca v. Superintendent M.C.I. Walpole, 523 F.2d 1040 (1st Cir. 1975). In the absence of such a showing, the Court ought to accept the factual determinations of the Indiana courts, where relevant, on the issues. Sumner v. Mata, supra; United States ex rel Harris v. State of Illinois, 457 F.2d 191 (7th Cir.1972).

While it is the responsibility of a district court to independently apply federal law in making a determination with regard to issues having constitutional implications in a habeas corpus action, Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963), it is clear that the court of Indiana properly resolved the issues in conformance with applicable constitutional law. Federal habeas corpus relief is available to a state prisoner only upon a showing by clear and convincing evidence that he was denied federal constitutional rights in state proceedings resulting in conviction. 28 U.S.C. § 2254(a); Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976); Mabra v. Gray, 518 F.2d 512 (7th Cir.1975), cert. denied, 423 U.S. 1023, 96 S.Ct. 466, 46 L.Ed.2d 397. The requisite showings have not been made by the Petitioner in this case.

The Petitioner in this habeas corpus proceeding is primarily attacking the voluntary and intelligent nature of his guilty plea. He claims that he was mentally incompetent and under the influence of drugs at the time of his plea. Guilty pleas are meant to be final, if consistent with due process. Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962). The well recognized rule is that a guilty plea is valid if it is made voluntarily and intelligently. Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970). In this regard, the facts in the record of the post-conviction proceeding in the state trial court involving Petitioner, and as found by the Supreme Court of Indiana, demonstrate that Petitioner was not incompetent or under the influence of drugs at the time of his plea, and accordingly, the voluntary and intelligent nature of Petitioner’s guilty plea has not been vitiated.

The Supreme Court of Indiana, in citing the Findings of the state trial court in its opinion in Petitioner’s case, established the following facts:

Petitioner was attended by his own doctor, Dr. Robert Schmitt, and placed in the hospital from May 26, 1967 to June 30, 1967, and his doctor saw him at his office on June 18, August 4, August 17, and August 25 Of 1967, and at the LaPorte County Jail on two different occasions; that petitioner had received eight Indoklon treatments and no electroshock treatments; that Dr. Schmitt diagnosed petitioner’s case as depressive reaction and psychopathic personality and that he was suffering from no psychosis; that he was not psychotic on either visit at the county jail, and it was the doctor’s testimony that he was competent to stand trial and that he was sane at the time of the [424]*424commission of the offense; that it was the opinion of Dr. Robert Schmitt that he was aware of right and wrong, fully appreciated the seriousness of his situation, understood the charges against him and was fully capable of understanding and assisting in the behalf of his defense; that the petitioner misled his attorney in withholding from his attorney the true facts of the incident of the shooting; that the petitioner suggested to his attorney a plea of temporary insanity, and that after the petitioner had been examined by Dr. Schmitt and by Dr.

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Related

Schuman v. Duckworth
698 F.2d 1227 (Seventh Circuit, 1982)

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Bluebook (online)
553 F. Supp. 421, 1981 U.S. Dist. LEXIS 17778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuman-v-duckworth-innd-1981.