State ex rel. Macon v. Orange Circuit Court, 0-660
| Decision Date | 23 October 1962 |
| Docket Number | No. 0-660,0-660 |
| Parties | The STATE of Indiana ex rel. Peter MACON, Petitioner, v. The ORANGE CIRCUIT COURT and The Honorable Charles R. Ratts, as Judge thereof, Respondents. |
| Court | Indiana Supreme Court |
Peter Macon, petitioner, pro se.
The petitioner, pro se, states that he was found guilty of second degree murder in the Orange Circuit Court on the 9th day of December, 1961, and sentenced to imprisonment for life, and that thereafter on January 5, 1962, he filed in the trial court a pleading entitled 'Motion For Transcript To Be Prepared At County Expense And For Extension Of Time In Which To File Motion For New Trial', which motion was overruled by the judge of that court. He has now filed in this court a pleading entitled 'Motion For Appointment Of Counsel', in which he prays for a writ of mandate to compel the respondent court to sustain his motion for a transcript and extension of time to file a motion for a new trial. He claims he is a pauper and financially unable to obtain a transcript and that he has applied to the Public Defender of this state, who has likewise refused to consider his plea.
It appears from the petitioner's pleading that the trial court, on his petition as as pauper, appointed counsel to represent him during his trial. There is no complaint with reference to the competency of such counsel. It does appear, however, that such counsel did not file any motion for a new trial specifying that any alleged error occurred at the trial which would entitle the petitioner to a new trial or serve as a ground for an appeal.
No one is better able to determine whether error has occurred which would be grounds for a new trial than such trial counsel. We know in most cases a transcript of the evidence is not necessary for the examination in the determination of whether or not a motion for a new trial should be filed. Competent trial counsel normally will make adequate notes and memoranda during the trial for such purposes. We further know that a transcript of the evidence in most cases cannot be obtained within the time limit within which a motion for a new trial must be filed, and trial counsel must rely upon their own memoranda and notes for such specifications. In the event that it concerns evidence, we know from experience that trial counsel may obtain from the court reporter an oral reading or partial extracts of such evidence pertaining to such alleged error without obtaining a full transcript. This is done often during trial for use in examining witnesses. A complete transcript is normally not necessary in order to file a motion for a new trial.
We must therefore assume that competent counsel assigned for...
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Macon v. Lash
...a showing , that a motion for a new trial should have been filed or that counsel was incompetent because such a motion was not filed." 185 N.E.2d at 621. From that decision petitioner applied for a writ of certiorari. The United States Supreme Court in Macon v. Indiana, 375 U.S. 258, 84 S.C......
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Lane v. Brown
...(1941); State ex rel. Grecco v. Allen Circuit Court, 238 Ind. 571, 575, 153 N.E.2d 914, 916 (1958). But see State ex rel. Macon v. Orange Circuit Court, 243 Ind. 429, 185 N.E.2d 619. 4 Falkenburgh v. Jones, 5 Ind. 296 (1854); State ex rel. Morris v. Wallace, 41 Ind. 445 (1872). Since 1893, ......
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Turner v. State, 31036
...den. 242 Ind. 185, 177 N.E.2d 465, cert. den. 374 U.S. 832, 83 S.Ct. 1876, 10 L.Ed.2d 1055; State ex rel. Macon v. Orange Circuit Court, Ratts, Judge (1962), 243 Ind. 429, 185 N.E.2d 619; Bullard v. State (1964), 245 Ind. 190, 195 N.E.2d 856, rehearing denied 245 Ind. 194, 197 N.E.2d 295. F......
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Hulburd v. State, 30326
...shown that counsel was incompetent. State ex rel. Macon v. Orange Circuit Ct. (1964), Ind., 195 N.E.2d 352; (see, also, same case, 243 Ind. 429, 185 N.E.2d 619); Sparks v. State (1964), Ind., 195 N.E.2d 469, (on reh.); Willoughby v. State (1961), 242 Ind. 183, 167 N.E.2d 881, 177 N.E.2d 465......