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eBook details

• Title: Sobieski
• Author : Supreme Court of Indiana No. 0-709
• Release Date : January 17, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Petitioner has filed a pro se paper which he entitles ""Petition for Issuance of Citation to Public Defender,"" in which he requests that the public defender be cited to show cause for his refusal to represent petitioner in post-conviction proceedings. Upon examination of the petition the public defender was directed to show cause for such refusal by order of this court. He has filed such return in which he states that said refusal is based upon the lack of merit upon which to predicate an appeal. The public defender's return discloses the following facts: Petitioner was convicted on October 3, 1962 on a charge of driving under the influence of intoxicants, second or subsequent offense, in violation of Burns' Ind. Stat. Anno. § 47-2001(b) (1952 Repl.).[Footnote 1] Although petitioner was represented by retained counsel, no new trial motion was filed, and petitioner was fined $100 and imprisoned for an indeterminate sentence of one to three years by judgment entered on jury verdict October 17, 1962. Petitioner charges that he was denied a fair trial and of his right to a timely appeal because of the ""negligence, inadequacy and incompetence"" of counsel privately selected and employed by him. Such allegations constitute a grave attack on the character and ability of a duly admitted member of the bar of this state and are not to be taken lightly. The presumption is in favor of the competency of such counsel. Furthermore, delay by petitioner in making such charges (about 18 months) is a fact to be considered in determining whether such charges are made in good faith. In re Lee (1964), 246 Ind. 7, 198 N.E.2d 231.

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