Williams v. State, PS
Decision Date | 21 December 1982 |
Docket Number | No. PS,PS |
Parties | Bill WILLIAMS, Appellant (Defendant Below) v. STATE of Indiana, Appellee (Plaintiff Below). 474. |
Court | Indiana Supreme Court |
Bill Williams, appellant pro se.
Linley E. Pearson, Atty. Gen. of Ind., William E. Daily, Deputy Atty. Gen., Chief Counsel, Indianapolis, for appellee.
This is an appeal from the denial of post conviction relief. Petitioner (Appellant) was first convicted in 1978 of rape of a child under twelve years of age, sodomy and incest. On direct appeal, all of his numerous assignments of trial court error were determined to be without merit, save one. We reversed the judgment of the trial court for the trial court's error in failing to read the final instructions to the jury. Williams v. State, (1978) 269 Ind. 430, 381 N.E.2d 458.
Upon retrial, in April of 1979, the petitioner was again convicted of the same three offenses and was sentenced to life imprisonment, two (2) to fourteen (14) years and two (2) to twenty-one (21) years. Those convictions were affirmed in his direct appeal reported at 406 N.E.2d 241.
By his petition for post conviction relief from the second judgments, Petitioner presented fourteen issues. Following an evidentiary hearing, the hearing judge filed his findings of facts and conclusions from which it appears that the law was with the State and against Petitioner, that seven of such issues had been waived as grounds for post conviction relief because available and not presented upon the direct appeal, that three of such issues were not such as would, if found in Petitioner's favor, entitle him to relief and that Petitioner had failed to carry his burden of proof upon four of such issues.
Proceeding pro se, Petitioner has presented a morass of assorted accusations, legalistic maxims and miscellaneous citations which collectively disclose his unmitigated ignorance of the limitations of post conviction and appellate proceedings. We, nevertheless, have determined, with considerable difficulty and at great expense of judicial time, that Petitioner seeks reversal of the post conviction judgment upon the basis of the following alleged errors:
I
His arrest was unlawful, having been made without a warrant or probable cause. Searches, if any, were also unlawful for the same reason. Errors, if any, under this claim were not available in the post conviction proceedings but, if meritorious, were required to be claimed at trial and presented on the direct appeal. Further, there is no claim that any evidence came in at trial by virtue of either his arrest or any search.
II
His attorney on direct appeal was incompetent or uncooperative and ineffective in that he failed or refused to present the issues of ...
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