Jones v. State, No. 1077S770

Docket NºNo. 1077S770
Citation270 Ind. 141, 387 N.E.2d 440
Case DateDecember 21, 1978
CourtSupreme Court of Indiana

Page 440

387 N.E.2d 440
270 Ind. 141
Robert Lee JONES, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 1077S770.
Supreme Court of Indiana.
Dec. 21, 1978.

[270 Ind. 142] Harriette Bailey Conn, Public Defender, K. Richard Payne, Sp. Asst. Public Defender, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., Rollin E. Thompson, Asst. Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Robert Lee Jones, was charged by grand jury indictment on alternative counts of felony murder and second-degree murder in 1973. At the arraignment proceeding, the defendant was permitted to plead guilty to the second-degree murder charge in exchange for a dismissal

Page 441

of the felony murder charge and a separate cause for armed robbery. He was sentenced to life imprisonment and filed a petition for post-conviction relief in December, 1975. The hearing on this petition was held in August, 1976, and the petition was denied.

The defendant was then granted permission to file a belated appeal, and he has now raised the issues of ineffective representation of counsel [270 Ind. 143] at the time of entering his guilty plea and his failure to meet his burden of proof at the post-conviction relief hearing.

The incident which was the basis of these charges was the shooting death of Kenneth Hegerfeld which occurred during the robbery of a tavern in Ft. Wayne. At the time of the guilty plea proceedings, the defendant stated that he participated in the robbery with his sister and another man. He stated that while he was in the tavern, he saw the front door open and fired at a man who was leaving. He then ran outside and shot again at the fleeing man. Hegerfeld was killed by a shot in the back of the head. This account of the incident was corroborated by the investigating police officer. There were around thirty witnesses to these events, including Hegerfeld's wife who was in the tavern at the time of the robbery. Police statements from these witnesses all indicated that defendant was the one who did the shooting.

Defendant first contends that he was denied his constitutional right to the effective assistance of counsel because his court-appointed counsel did not fully explain the consequences of the guilty plea, did not thoroughly interview him, and allowed his mother to help him make critical decisions. It has long been established that there is a presumption that counsel is competent and that strong and convincing evidence is...

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22 practice notes
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...the presumption. Hollonquest v. State, (1982) Ind., 432 N.E.2d 37; Lindley v. State, (1981) Ind., 426 N.E.2d 398; Jones v. State, (1978) 270 Ind. 141, 387 N.E.2d 440. Incompetency of counsel revolves around the particular facts of each case and the standard of review on this issue is the mo......
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • December 29, 1982
    ...the presumption. Hollonquest v. State, (1982) Ind., 432 N.E.2d 37; Lindley v. State, (1981) Ind., 426 N.E.2d 398; Jones v. State, (1978) 270 Ind. 141, 387 N.E.2d 440. Incompetency of counsel revolves around the particular facts of each case and the standard of review on this issue is the mo......
  • Inman v. State, No. 677S469
    • United States
    • Indiana Supreme Court of Indiana
    • December 21, 1978
    ...instruction is unlike the Arthur instruction. However, the Court went on to condemn this part of the instruction as erroneous, saying: [270 Ind. 141] "In criminal cases, the entire burden is upon the State from the beginning, and the accused is not bound to explain anything, and his failure......
  • Darnell v. State, No. 581S147
    • United States
    • Indiana Supreme Court of Indiana
    • May 25, 1982
    ...presumption. Lindley v. State, (1981) Ind., 426 N.E.2d 398; Rinard v. State, (1979) Ind., 394 N.E.2d 160; Jones v. State, (1978) Ind., 387 N.E.2d 440. Incompetency of counsel revolves around the particular facts of each case and the standard of review on this issue is the mockery of justice......
  • Request a trial to view additional results
22 cases
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...the presumption. Hollonquest v. State, (1982) Ind., 432 N.E.2d 37; Lindley v. State, (1981) Ind., 426 N.E.2d 398; Jones v. State, (1978) 270 Ind. 141, 387 N.E.2d 440. Incompetency of counsel revolves around the particular facts of each case and the standard of review on this issue is the mo......
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • December 29, 1982
    ...the presumption. Hollonquest v. State, (1982) Ind., 432 N.E.2d 37; Lindley v. State, (1981) Ind., 426 N.E.2d 398; Jones v. State, (1978) 270 Ind. 141, 387 N.E.2d 440. Incompetency of counsel revolves around the particular facts of each case and the standard of review on this issue is the mo......
  • Inman v. State, No. 677S469
    • United States
    • Indiana Supreme Court of Indiana
    • December 21, 1978
    ...instruction is unlike the Arthur instruction. However, the Court went on to condemn this part of the instruction as erroneous, saying: [270 Ind. 141] "In criminal cases, the entire burden is upon the State from the beginning, and the accused is not bound to explain anything, and his failure......
  • Darnell v. State, No. 581S147
    • United States
    • Indiana Supreme Court of Indiana
    • May 25, 1982
    ...presumption. Lindley v. State, (1981) Ind., 426 N.E.2d 398; Rinard v. State, (1979) Ind., 394 N.E.2d 160; Jones v. State, (1978) Ind., 387 N.E.2d 440. Incompetency of counsel revolves around the particular facts of each case and the standard of review on this issue is the mockery of justice......
  • Request a trial to view additional results

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