Love v. State, No. 1070S249

Docket NºNo. 1070S249
Citation26 Ind.Dec. 585, 272 N.E.2d 456, 257 Ind. 57
Case DateAugust 25, 1971
CourtSupreme Court of Indiana

Page 456

272 N.E.2d 456
257 Ind. 57
Willie Harold LOVE, Appellant,
v.
STATE of Indiana, Appellee.
No. 1070S249.
Supreme Court of Indiana.
Aug. 25, 1971.
Rehearing Denied Oct. 20, 1971.
See 274 N.E.2d 238.

Page 457

Harriette Bailey Conn, Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Darrel K. Diamond, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Judge.

This is an appeal from a denial of appellant's petition for post-conviction relief. Appellant pleaded guilty to the offense of 'robbery while armed with a revolver' on September 28, 1969. On October 3, 1969, appellant was sentenced to the Indiana Reformatory for ten (10) years. On March 25, 1970, appellant filed his petition for post-conviction relief. A hearing was held on May 20, 1970, and there was a finding that appellant had not sustained his burden of proof. Findings of fact and conclusions of law were filed June 5, 1970, and appellant filed a motion to correct errors on July 30, 1970, which was overruled.

Appellant claimed in his petition for post-conviction relief that he was denied his constitutional rights when the Indianapolis police held him twenty-four (24) hours without advising him of his rights and without the counsel of an attorney. [257 Ind. 58] The court's specific findings of fact on this issue, if indeed there were any, were as follows:

'3(C) There was no illegality in the guilty plea proceedings or in the evidence adduced at said proceedings.'

Appellant then filed a motion to correct errors in which he stated,

'While the Court finds in 3(C) that 'There was no illegality in the guilty plea proceedings or in the evidence adduced at said proceedings,' it makes no finding concerning what happened in the twenty-four hours before defendant first appeared in Court with his attorney, * * * during which period he was allegedly identified in line-up of several white persons and several dark-skinned Negroes as well as this defendant-movant who is a Negro much lighter complected than others of his race then viewed. During such line-up, he was asked to turn right and to turn left. No others were so requested.

Defendant-movant waived his right to trial by jury with his attorney by his side, and he had such attorney with him at the time that he entered his plea * * *; but he did not have the advice of counsel when first identified by complaining witnesses, and he had not, at such time, been advised that he had such constitutional right, if...

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25 practice notes
  • Judy v. State, No. 580S128
    • United States
    • January 30, 1981
    ...supra. See Page v. State, (1980) Ind., 410 N.E.2d 1304; Brandon v. State, (1976) 264 Ind. 177, 340 N.E.2d 756; Love v. State, (1971) 257 Ind. 57, 272 N.E.2d Our review of these various constitutional and statutory requirements and our rules satisfies us that our sentencing scheme passes con......
  • Stephenson v. State, No. 87S00-0106-PD-285.
    • United States
    • Indiana Supreme Court of Indiana
    • April 26, 2007
    ...court's decision so that on review the appellate court may more readily understand the former's view of the controversy." Love v. State, 257 Ind. 57, 59, 272 N.E.2d 456, 458 (1971) (internal quotations marks omitted) (quoting Harvey, 3 Indiana Practice 426 (1970)). The standard for reviewin......
  • Brewer v. State, No. 678
    • United States
    • Indiana Supreme Court of Indiana
    • March 6, 1981
    ...Florida, supra; Page v. State, (1980) Ind., 410 N.E.2d 1304; Brandon v. State, (1976) 264 Ind. 177, 340 N.E.2d 756; Love v. State, (1971) 257 Ind. 57, 272 N.E.2d 456. This statute was designed Page 900 to restrict trial courts to the rational exercise of their discretion to impose, enhanced......
  • Dean v. State, No. 580S122
    • United States
    • Indiana Supreme Court of Indiana
    • April 14, 1982
    ...do so creates problems for appellate courts' review and is error. Moffett v. State, (1979) Ind.App., 398 N.E.2d 686; Love v. State, (1971) 257 Ind. 57, 272 N.E.2d Both Moffett and Lane rely upon Ind.R.P.C. 1, section 6, which provides: "The court shall make specific findings of fact, and co......
  • Request a trial to view additional results
25 cases
  • Judy v. State, No. 580S128
    • United States
    • January 30, 1981
    ...supra. See Page v. State, (1980) Ind., 410 N.E.2d 1304; Brandon v. State, (1976) 264 Ind. 177, 340 N.E.2d 756; Love v. State, (1971) 257 Ind. 57, 272 N.E.2d Our review of these various constitutional and statutory requirements and our rules satisfies us that our sentencing scheme passes con......
  • Stephenson v. State, No. 87S00-0106-PD-285.
    • United States
    • Indiana Supreme Court of Indiana
    • April 26, 2007
    ...court's decision so that on review the appellate court may more readily understand the former's view of the controversy." Love v. State, 257 Ind. 57, 59, 272 N.E.2d 456, 458 (1971) (internal quotations marks omitted) (quoting Harvey, 3 Indiana Practice 426 (1970)). The standard for reviewin......
  • Brewer v. State, No. 678
    • United States
    • Indiana Supreme Court of Indiana
    • March 6, 1981
    ...Florida, supra; Page v. State, (1980) Ind., 410 N.E.2d 1304; Brandon v. State, (1976) 264 Ind. 177, 340 N.E.2d 756; Love v. State, (1971) 257 Ind. 57, 272 N.E.2d 456. This statute was designed Page 900 to restrict trial courts to the rational exercise of their discretion to impose, enhanced......
  • Dean v. State, No. 580S122
    • United States
    • Indiana Supreme Court of Indiana
    • April 14, 1982
    ...do so creates problems for appellate courts' review and is error. Moffett v. State, (1979) Ind.App., 398 N.E.2d 686; Love v. State, (1971) 257 Ind. 57, 272 N.E.2d Both Moffett and Lane rely upon Ind.R.P.C. 1, section 6, which provides: "The court shall make specific findings of fact, and co......
  • Request a trial to view additional results

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