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Collins v. State

Court of Appeals of Indiana

July 25, 2014

CHRIS T. COLLINS, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Page 81

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable James B. Osborn, Judge. Cause No. 49F15-9311-PC-157136.

CHRIS T. COLLINS, APPELLANT, Pro se, Bunkerhill, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; MICHAEL GENE WORDEN, Deputy Attorney General, Indianapolis, Indiana.

ROBB, Judge. RILEY, J., and BRADFORD, J., concur.

OPINION

Page 82

OPINION - FOR PUBLICATION

ROBB, Judge

Case Summary and Issues

Chris Collins, pro se, appeals the post-conviction court's denial of his petition for post-conviction relief, raising the following issues for our review: (1) whether the post-conviction court erred by denying Collins's request for subpoenas; (2) whether Collins was denied the right to assistance of counsel at his guilty plea hearing where he was represented by a certified legal intern; (3) whether Collins's plea was knowing, intelligent, and voluntary; and (4) whether Collins was denied the right to effective assistance of counsel. Concluding the post-conviction court's denial of Collins's request for subpoenas was not an abuse of discretion and that its denial of Collins's petition for post-conviction relief was proper, we affirm.

Facts and Procedural History

On November 22, 1993, Patricia Blackburn's vehicle was stolen out of a K-Mart parking lot. Indianapolis Police Officer H. Czaplinski observed the vehicle racing down a public street and activated his emergency lights. The vehicle did not stop and eventually wrecked into a fence. After the crash, the vehicle's driver, Chris Adams, and passenger, Collins, exited the vehicle and fled on foot. Officer Czaplinski, assisted by two other officers, located Collins and attempted to detain him. Collins resisted the officers, causing one officer to suffer a broken hand. Collins was arrested and taken to Wishard Hospital for treatment of injuries he sustained during the scuffle.

The State charged Collins with auto theft, a Class D felony; battery, a Class D felony; resisting law enforcement, a Class A misdemeanor; and failure to stop after an accident, a Class B misdemeanor. An amended information was later filed,

Page 83

charging Collins with resisting law enforcement as a Class D felony for the purpose of effecting a plea agreement. On March 24, 1994, Collins pled guilty to resisting law enforcement, a Class D felony, and his remaining charges were dismissed pursuant to that agreement. The plea agreement provided for a sentence of eighteen months with fifteen months suspended to probation.

On August 13, 2008, Collins, pro se, filed a petition for post-conviction relief. On May 23, 2009, he filed a request for subpoenas to be issued to Paul Hartman (certified legal intern who represented Collins), Lynn McDowell (public defender who represented Collins and supervised Hartman), Beth White (prosecutor), and Judge Richard Sallee. The post-conviction ...


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