[DOWNLOAD] "Bobby Lee Jones v. State Indiana" by Supreme Court of Indiana No. 573S91 # eBook PDF Kindle ePub Free

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eBook details

• Title: Bobby Lee Jones v. State Indiana
• Author : Supreme Court of Indiana No. 573S91
• Release Date : January 27, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

This appeal from the denial of a Post-Conviction Petition presents a pair of interrelated allegations. Appellant alleges that his trial counsel was incompetent and that, as a result of this incompetence, evidence favorable to Appellant was not brought forward at trial. Thus, in essence Appellant is saying that newly discovered evidence exists which requires a new trial. We begin by noting that Appellant, convicted of second degree murder, took an appeal to this court. Jones v. State (1970), 253 Ind. 456, 255 N.E.2d 105. In that case the sole issue presented was that there is a total lack of evidence to support a finding that he acted purposely and maliciously. Jones, supra, 255 N.E.2d at 105. If the appeal, which was by an attorney other than the trial attorney, did not contain an allegation of incompetency of counsel, it would seem that this issue has been waived. However, the State has not asserted waiver; therefore, we will consider the issue. Langley v. State (1971), 256 Ind. 199, 267 N.E.2d 538. Appellant's allegation is grounded on a single fact: failure of trial counsel to seek a continuance, in addition to numerous prior continuances which had been granted to Appellant, for the purpose of obtaining the testimony of two witnesses. These witnesses testified at the post-conviction hearing.

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