Lowe v. State, No. 672S83
| Docket Nº | No. 672S83 |
| Citation | 260 Ind. 610, 298 N.E.2d 421 |
| Case Date | July 17, 1973 |
Page 421
v.
STATE of Indiana, Appellee.
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...
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Magley v. State, No. 574S94
...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......
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Adams v. State, No. 580S129
...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......
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Bond v. State, No. 577S309
...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......
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Gubitz v. State, No. 3--375A38
...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......
-
Magley v. State, No. 574S94
...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
...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
...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
...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......