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Hall v. State

Citations

  • 849 N.E.2d 466
  • 2006 Ind. LEXIS 477
  • 2006 WL 1680050

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a “petitioner cannot obtain post-conviction relief on the ground of the lack of Boykin advisements simply by proving that the guilty plea record is lost and cannot be reconstructed”
  • stating that “silent” record is one in which an existing transcript fails to reveal that defendant was advised of constitutional rights, while “missing” record is one in which transcript and other documents are unavailable and cannot be reconstructed
  • observing there was \no suggestion that the cause of the missing record is the result of misconduct by the State.\
  • loss of transcript of guilty plea hearing will not prevent review where there is no showing of misconduct by the State and the defendant does not argue that he was prejudiced
  • loss of transcript of guilty plea hearing will not prevent review where there is no showing of misconduct by the State and the defendant does not argue that he was prejudiced
  • \[Olur courts have long deemed post-conviction proceedings collateral.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Boehm, Dickson, Rucker, Shepard, Sullivan

Read full opinion on CourtListener

Cited by

104 cases in this archive cite this case; the 20 most cited are listed.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.