Adams v. State, 377S195
Decision Date | 30 May 1978 |
Docket Number | No. 377S195,377S195 |
Citation | 376 N.E.2d 482,268 Ind. 434 |
Parties | Charles Wayne ADAMS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
Court | Indiana Supreme Court |
Harriette Bailey Conn, Public Defender, John W. Bean, Deputy Public Defender, Indianapolis, for appellant.
Theodore L. Sendak, Atty. Gen., David Michael Wallman, Deputy Atty. Gen., Indianapolis, for appellee.
Petitioner (Appellant) was convicted of First Degree Murder after a trial by jury in the Grant County Circuit Court, and was sentenced to death. Upon direct appeal from that judgment, his conviction was affirmed, 259 Ind. 64, 271 N.E.2d 425, and upon rehearing Defendant's death sentence was reduced to life imprisonment, 259 Ind. 164, 284 N.E.2d 757.
On August 7, 1974, Defendant filed a pro se "Verified Petition for Writ of Habeas Corpus" in the LaPorte County Circuit Court. On August 19, 1974, the defendant's petition was declared to be a Petition for Post-Conviction Relief, and was ordered transferred to the Grant Circuit Court.
This appeal is from the denial of that petition for post-conviction relief, and the dispositive issue involves the trial court's overruling of Defendant's motion for change of venue from the judge. The trial court committed error by denying the defendant's motion for change of judge, and the judgment below must be reversed.
After receiving notice of the impending transfer of the cause to the Grant Circuit Court, Defendant moved for a change of venue from the judge pursuant to Ind.R.P.C. 1 § 4(b). The motion was file marked August 30, 1974, and the undisputed evidence shows that it was posted on August 26, 1974, by certified mail. By authority of Ind.R.Tr.P. 6(E), Defendant's motion is deemed to have been filed on August 26, 1974.
By an order book entry dated August 30, 1974, the Grant Circuit Court ordered the motion to be held in abeyance pending the receipt of Defendant's petition in that court, which occurred October 17, 1974. Defendant's motion was denied on September 21, 1976, for the following reasons
Ind.R.P.C. 1 § 4(b) reads as follows:
...
To continue reading
Request your trial-
Mosley v. State, 878S155
...unfairness of the circumstances where the ten-day period expired before the defendant knew who the judge would be. Adams v. State, (1978) Ind., 376 N.E.2d 482. However, that type of unfairness does not exist in the instant The petitioner argues that he did not know about the ten-day limit s......
-
Ferrier v. State, 979S262
...v. State, (1978) 269 Ind. 513, 381 N.E.2d 1235. The plain provision of the rule required this motion to be denied. In Adams v. State, (1978) 268 Ind. 434, 376 N.E.2d 482, relied upon by appellant, late filing was sanctioned where good cause therefor was apparent on the face of the record, i......
-
Adams v. State, 27S00-8808-PC-728
...Grant County for post-conviction relief. A motion for change of judge was denied, and a hearing was held. On appeal, Adams v. State (1978), 268 Ind. 434, 376 N.E.2d 482, this Court remanded the case to the post-conviction court holding that a change of judge should have been granted and dir......
- Berry v. State, 977S640