Franks v. State
| Decision Date | 02 November 1973 |
| Docket Number | No. 373S33,373S33 |
| Citation | 302 N.E.2d 767,261 Ind. 315 |
| Parties | Paul Eugene FRANKS, Jr., Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Indiana Supreme Court |
Barrie C. Tremper, Public Defender, Fort Wayne, for appellant.
Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for appellee.
This is an appeal from a first degree murder conviction in which appellant was sentenced to life imprisonment in the Indiana State Prison. Appellant raises one issue for our determination: Whether it is reversible error for a trial court to summarily deny an unverified application for change of venue from the county. We hold that it is not.
Criminal Rule 12, Rules of Criminal Procedure, reads in pertinent part as follows:
(Emphasis added.)
Prior to trial, on July 19, 1972, the appellant filed an unverified application for change of venue from the county in which he alleged that a confidential psychiatric report concerning the appellant had been published in a local newspaper. Appellant further alleged that the publication of said report would inevitably prejudice potential...
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Darnell v. State
...no direct evidence of prejudicial pretrial publicity was ever offered. Barber v. State, (1979) Ind., 388 N.E.2d 511; Franks v. State, (1973) 261 Ind. 315, 302 N.E.2d 767. V. Defendant further argues that he was denied his constitutional right to effective assistance of counsel. He made a pr......
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Wilson v. State
...Id. We thus conclude these motions were not denied without a hearing because of facial irregularities. See, e.g., Franks v. State (1973), 261 Ind. 315, 302 N.E.2d 767. Having otherwise determined that Wilson's motions were properly made, we turn now to the judge's responsibilities thereto. ......
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Carter v. State
...Court. That alleged issue is waived. Underhill v. State, supra; Barber v. State, (1979) 270 Ind. 624, 388 N.E.2d 511; Franks v. State, (1973) 261 Ind. 315, 302 N.E.2d 767. The basis for Appellant's motion for change of venue from the judge was the fact that the same trial judge trying Appel......
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French v. State
...have been voiced immediately by a motion to quash or it would be deemed to have been waived." Id. at 369. See also Franks v. State, 261 Ind. 315, 302 N.E.2d 767 (1973) (discussing the holding in Pierce v. State, 253 Ind. 650, 256 N.E.2d 557 It has also been held that a prosecutor's failure ......