State v. Clanton, No. 3-582A100

Docket NºNo. 3-582A100
Citation443 N.E.2d 1204
Case DateDecember 21, 1982
CourtCourt of Appeals of Indiana

Page 1204

443 N.E.2d 1204
STATE of Indiana, Appellant (Plaintiff Below),
v.
Norman CLANTON, Jr., Appellee (Defendant Below).
No. 3-582A100.
Court of Appeals of Indiana,
Third District.
Dec. 21, 1982.

Linley E. Pearson, Atty. Gen., Indianapolis, Jack F. Crawford, Prosecuting Atty., Lake County by Robert G. Berger, Deputy Pros. Atty., Crown Point, for appellant.

Susan K. Carpenter, Public Defender of Indiana, Paul Levy, Deputy Public Defender, Indianapolis, for appellee.

STATON, Judge.

ON PETITION FOR REHEARING

Norman Clanton, Jr. filed a petition for post-conviction relief. The trial court granted the petition and ordered a new trial. The State appealed and this Court reversed, holding that the admission of testimony that the victim identified Clanton prior to trial from photographs at the police station did not warrant a new trial. Clanton now petitions for rehearing, contending that our decision contravenes ruling precedent in three respects:

(1) This Court failed to apply the correct standard of review;

(2) This Court erred in holding that the use of the term "mug shot" was dispositive; and

(3) This Court erred in disturbing the trial court's finding that "admission of the police file photographs was without substantial independent probative value." (Petition at 2).

The Petition for Rehearing is denied, Ind.App., 441 N.E.2d 44.

I.

Clanton contends that, in a post-conviction relief proceeding,

"the trial judge is the sole judge of the weight of the evidence and only where

Page 1205

that evidence is without conflict and leads unerringly to a result other than that reached by the trial court will his decision be set aside. Gosnell v. State, (1982) Ind. 439 N.E.2d 1153; Lloyd v. State, (1979), Ind., 383 N.E.2d 1048." (Petition at 1-2).

However both cases cited in the petition were appeals from the denial of a petition for post-conviction relief. The standard was more fully stated in Roberts v. State (1975), 263 Ind. 53, 54, 324 N.E.2d 265, 266:

"A decision of a trial court against the party bearing the burden of proof will not be set aside on appeal unless the evidence is without conflict and leads unerringly to a result not reached by the trial court."

(citations omitted) (emphasis added) (cited in Lloyd v. State, supra which was cited in Gosnell v. State, supra ).

The proceedings on a petition for post-conviction relief are governed by the rules and statutes applicable to civil proceedings and the petitioner has the burden of...

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6 practice notes
  • Spranger v. State, No. 89S00-9008-PD-540
    • United States
    • Indiana Supreme Court of Indiana
    • May 22, 1995
    ...historically articulated a distinctly formulated standard for appeals from negative judgments. See State v. Clanton (1982), Ind.App., 443 N.E.2d 1204, 1205. In this post-conviction proceeding, the defendant-petitioner had the burden of establishing his grounds for relief. Ind.Post-Convictio......
  • Jackson v. State, No. 382S73
    • United States
    • Indiana Supreme Court of Indiana
    • April 23, 1984
    ...or suggest a prior criminal record as does "mug shot." State v. Clanton, (1982) Ind.App., 441 N.E.2d 44, 45, rehearing denied 443 N.E.2d 1204. It was defense counsel who, during cross-examination, asked Reith if he had looked through some "mug books." Thus, defense couns......
  • State v. Eubanks, No. 80A02-9906-PC-00419.
    • United States
    • Indiana Court of Appeals of Indiana
    • May 26, 2000
    ...negative judgment because he had the burden of establishing grounds for relief at the post-conviction proceeding. See State v. Clanton, 443 N.E.2d 1204, 1205 (Ind.Ct.App.1982) (petitioner has burden of proof at post-conviction; "Therefore, when the petition is denied, the petitioner 72......
  • State v. Lime, No. 49A04-9304-CR-132
    • United States
    • Indiana Court of Appeals of Indiana
    • August 30, 1993
    ...order granting post-conviction relief, the standard of review for a negative judgment does not apply. State v. Clanton (1982), Ind.App., 443 N.E.2d 1204, 1205. The review of civil cases tried by the court without a jury is governed by Ind.Trial Rule 52(A) which provides the judgment may not......
  • Request a trial to view additional results
6 cases
  • Spranger v. State, No. 89S00-9008-PD-540
    • United States
    • Indiana Supreme Court of Indiana
    • May 22, 1995
    ...historically articulated a distinctly formulated standard for appeals from negative judgments. See State v. Clanton (1982), Ind.App., 443 N.E.2d 1204, 1205. In this post-conviction proceeding, the defendant-petitioner had the burden of establishing his grounds for relief. Ind.Post-Convictio......
  • Jackson v. State, No. 382S73
    • United States
    • Indiana Supreme Court of Indiana
    • April 23, 1984
    ...or suggest a prior criminal record as does "mug shot." State v. Clanton, (1982) Ind.App., 441 N.E.2d 44, 45, rehearing denied 443 N.E.2d 1204. It was defense counsel who, during cross-examination, asked Reith if he had looked through some "mug books." Thus, defense couns......
  • State v. Eubanks, No. 80A02-9906-PC-00419.
    • United States
    • Indiana Court of Appeals of Indiana
    • May 26, 2000
    ...negative judgment because he had the burden of establishing grounds for relief at the post-conviction proceeding. See State v. Clanton, 443 N.E.2d 1204, 1205 (Ind.Ct.App.1982) (petitioner has burden of proof at post-conviction; "Therefore, when the petition is denied, the petitioner 72......
  • State v. Lime, No. 49A04-9304-CR-132
    • United States
    • Indiana Court of Appeals of Indiana
    • August 30, 1993
    ...order granting post-conviction relief, the standard of review for a negative judgment does not apply. State v. Clanton (1982), Ind.App., 443 N.E.2d 1204, 1205. The review of civil cases tried by the court without a jury is governed by Ind.Trial Rule 52(A) which provides the judgment may not......
  • Request a trial to view additional results

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