Lowe v. State, No. 672S83

Docket NºNo. 672S83
Citation260 Ind. 610, 298 N.E.2d 421
Case DateJuly 17, 1973

Page 421

298 N.E.2d 421
260 Ind. 610
Thad Douglas LOWE, Appellant,
v.
STATE of Indiana, Appellee.
No. 672S83.
Supreme Court of Indiana.
July 17, 1973.

Jack G. Willard, Gary, for appellant.

Theodore L. Sendak, Atty. Gen., John McArdle, Deputy Atty. Gen., Indianapolis, for appellee.

[260 Ind. 611] ARTERBURN, Chief Justice.

This is an appeal from a conviction on charges of robbery and kidnapping which were brought by affidavit in the Lake Criminal Court. The appellant entered a plea of not guilty and trial was had before a jury, which, after the close of all the evidence, returned verdicts of guilty as to both counts. Thereafter, the trial court entered judgment and sentenced the Appellant to imprisonment for a period of from ten (10) to twenty-five (25) years for the offense of robbery and to life imprisonment in the Indiana State Prison for the offense of kidnapping. The Appellant filed a Belated Motion to Correct Errors and it is from the denial of that motion that this appeal is prosecuted. The evidence most favorable to the state discloses the following facts.

The prosecuting witness, Danny Lee Tischer, was the attendant at a Clark Oil service station in the early morning hours of August 3, 1970. He sold fifty cents worth of gasoline to two men in a white/lavender 1960 Buick at about 1:00 a.m. Again, about one half hour later, they returned a second time. He identified the defendant as having been one of the men in the car on those occasions and gave the license number of the vehicle. The attendant notified the Gary Police Department concerning this unusual behavior and he spoke with an officer about the matter at the service station. At approximately 2:20 a.m., the Appellant and his companion returned a third time to the service station in the same car. The attendant

Page 422

identified the automobile by color, make, and license number to the same vehicle as had earlier driven into the station. He also positively identified the defendant as having threatened him at this time with a sawed-off shotgun and as having ordered him into the car. Tischer was driven some distance from the station at gunpoint, was robbed and then released from the car. The defendant was subsequently apprehended by police officers while driving a [260 Ind. 612] white/leavender 1960 Buick with an identical license plate number on August 9, 1970.

On appeal, the Appellant raises but one issue--whether he was adequately represented at trial by his trial counsel. This court has recently had occasion to outline the standards to be applied in cases where the inadequacy of representation is alleged. Blackburn v. State (1973), Ind.,291 N.E.2d 686. That...

To continue reading

Request your trial
44 practice notes
  • Magley v. State, No. 574S94
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1975
    ...of the circumstances surrounding counsel's pre-trial preparation and the actual conduct of the trial. Lowe v. State (1973), Ind., 298 N.E.2d 421; Blackburn v. State (1973) Ind., 291 N.E.2d 686; Sargeant v. State (1973), Ind.App., 299 N.E.2d 219. Perfunctory representation is not enough. Wil......
  • Adams v. State, No. 580S129
    • United States
    • Indiana Supreme Court of Indiana
    • January 26, 1982
    ...the totality of the circumstances surrounding counsel's pre-trial preparation and the actual conduct of the trial. Lowe v. State (1973) 260 Ind. 610, 298 N.E.2d 421; Blackburn v. State (1973) 260 Ind. 5, 291 N.E.2d 686; Sargeant v. State (1973) 157 Ind.App. 173, 299 N.E.2d 219." Magley v. S......
  • Bond v. State, No. 577S309
    • United States
    • Indiana Supreme Court of Indiana
    • April 25, 1980
    ...of penalties for crimes is solely up to the Legislature, as the elected representative body, not the trial courts. Lowe v. State, (1973) 260 Ind. 610, 298 N.E.2d 421; Landaw v. State, (1972) 258 Ind. 67, 279 N.E.2d 230. The judiciary cannot usurp a legislative function by creating standards......
  • Gubitz v. State, No. 3--375A38
    • United States
    • March 1, 1977
    ...an attorney has discharged his duty fully, and it requires strong and convincing proof to overcome this presumption. Lowe v. State (1973), 260 Ind. 610, 298 N.E.2d 421; Blackburn v. State, surpa (1973), 260 Ind. 5, 291 N.E.2d 686. The mere fact another attorney may have conducted the defens......
  • Request a trial to view additional results
44 cases
  • Magley v. State, No. 574S94
    • United States
    • Indiana Supreme Court of Indiana
    • October 21, 1975
    ...of the circumstances surrounding counsel's pre-trial preparation and the actual conduct of the trial. Lowe v. State (1973), Ind., 298 N.E.2d 421; Blackburn v. State (1973) Ind., 291 N.E.2d 686; Sargeant v. State (1973), Ind.App., 299 N.E.2d 219. Perfunctory representation is not enough. Wil......
  • Adams v. State, No. 580S129
    • United States
    • Indiana Supreme Court of Indiana
    • January 26, 1982
    ...the totality of the circumstances surrounding counsel's pre-trial preparation and the actual conduct of the trial. Lowe v. State (1973) 260 Ind. 610, 298 N.E.2d 421; Blackburn v. State (1973) 260 Ind. 5, 291 N.E.2d 686; Sargeant v. State (1973) 157 Ind.App. 173, 299 N.E.2d 219." Magley v. S......
  • Bond v. State, No. 577S309
    • United States
    • Indiana Supreme Court of Indiana
    • April 25, 1980
    ...of penalties for crimes is solely up to the Legislature, as the elected representative body, not the trial courts. Lowe v. State, (1973) 260 Ind. 610, 298 N.E.2d 421; Landaw v. State, (1972) 258 Ind. 67, 279 N.E.2d 230. The judiciary cannot usurp a legislative function by creating standards......
  • Gubitz v. State, No. 3--375A38
    • United States
    • March 1, 1977
    ...an attorney has discharged his duty fully, and it requires strong and convincing proof to overcome this presumption. Lowe v. State (1973), 260 Ind. 610, 298 N.E.2d 421; Blackburn v. State, surpa (1973), 260 Ind. 5, 291 N.E.2d 686. The mere fact another attorney may have conducted the defens......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT