Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Court of Appeals of Indiana denied a man’s post-conviction appeal Wednesday of his conviction and sentence for sexual misconduct with a minor, affirming that he received effective assistance from counsel and knowingly pleaded guilty in the case.
In late 2017, Hayden Nix was charged with three counts of sexual misconduct with a minor, all Level 5 felonies, and two counts of rape, both Level 3 felonies.
Nix was arrested in December 2017 and remained in jail throughout the proceeding.
According to court records, in early 2018, attorney Zaki Ali entered an appearance as Nix’s counsel. Several jury trial settings were continued at Nix’s request.
Nix’s trial was rescheduled for Jan. 28, 2019. On Jan. 22, 2019, Ali filed an emergency motion for continuance, stating he had recently been ordered by his physician “to be off work until further notice.”
The Hancock Superior Court ordered Ali to withdraw his appearance and allow Nix to seek new counsel.
The court appointed Jon Keyes to represent Nix. Keyes entered his appearance, but moved to withdraw several days later because Nix hired Bryan Williams as private counsel.
The trial court allowed Keyes to withdraw only after Williams affirmed he was prepared to try the case on March 11, 2019.
Before the trial date, Nix, represented by Williams, and the state entered into a plea agreement. Nix agreed to plead guilty to three counts of sexual misconduct with a minor, the state agreed to dismiss the two counts of rape, and the sentence was left to the trial court’s discretion.
By initialing the individual provisions of the plea agreement, Nix acknowledged his counsel had advised him of the minimum and maximum penalties, which were set forth in the agreement, and that consecutive sentences were possible; that he had certain constitutional rights that he would be waiving by pleading guilty; that he was entering the plea knowingly, intelligently, and voluntarily; and that he was satisfied with his counsel’s representation.
In 2019, Nix pleaded guilty to three counts of sexual misconduct with a minor, all Level 5 felonies, and was sentenced to 12 years in the Indiana Department of Correction.
According to court records, in 2020, Nix petitioned for post-conviction relief.
He alleged he was denied the effective assistance of counsel and he did not knowingly, voluntarily and intelligently enter a guilty plea.
In 2022, following an evidentiary hearing, the post-conviction court denied Nix’s petition.
Nix appealed the post-conviction court decision, raising the issues of whether the post-conviction court erred when it found he entered his guilty plea knowingly, intelligently and voluntarily, and whether the court erred when it found he had not been denied the effective assistance of counsel.
The appellate court affirmed the post-conviction court’s ruling and found it did not clearly err in denying Nix’s petition.
Writing for the court, Judge Margret Robb said the conversation between the trial court and Nix at the guilty plea hearing was extensive.
The trial court explained to Nix more than once the minimum and maximum sentence for the Level 5 felonies to which he was pleading guilty.
Robb wrote that the trial court thoroughly advised Nix of his constitutional rights, the consequences of his guilty plea and the sentencing possibilities and determined on the record that Nix’s plea was made knowingly, intentionally and voluntarily.
“Accordingly, the post-conviction court did not clearly err in declining to set aside Nix’s guilty plea as involuntary,” Robb wrote.
Nix contended that all three of his trial counsel were ineffective for failing to object to the structural error committed by the trial court when it ordered his counsel of choice to be withdrawn from the case.
He also contended Williams provided ineffective assistance by failing to properly advise Nix of the penal consequences of his plea.
Robb wrote that the court concluded Nix had not shown deficient performance and therefore his claim fails.
At the post-conviction hearing, Nix testified that when Williams brought the plea agreement to him, Williams told him he would likely get six to nine months of probation followed by six to nine months of house arrest.
Williams denied he made any promises about the sentence, and Nix acknowledged Williams told him it was an open plea, so the court could sentence him to “the full time” and “run it consecutive.”
“We conclude Nix has not shown the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court on his post-conviction claims. We therefore affirm the post-conviction court’s denial of Nix’s petition for post-conviction relief,” Robb wrote.
Judges Terry Crone and Dana Kenworthy concurred.
The case is Hayden J. Nix v. State of Indiana, 22A-PC-1496.
Please enable JavaScript to view this content.