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eBook details

• Title: Steven Ray Clark v. State Indiana
• Author : Supreme Court Of Indiana
• Release Date : January 27, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Appellant Clark was convicted in 1974 of having inflicted an injury upon a cab driver, one Tornatta, while engaged in robbing him; he was sentenced to life imprisonment. The conviction was affirmed. Clark v. State, (1976) 264 Ind. 524, 348 N.E.2d 27. In the court below appellant then challenged his conviction by post-conviction petition pursuant to Ind. R.P.C. 1, raising three grounds: (1) one Copeland who had been charged in the same affidavit as appellant was acquitted at a separate trial conducted seven months after appellants trial; (2) appellant since his trial and conviction acquired several new items of evidence bearing upon his case; and that (3) appellant was subjected to an unnecessarily suggestive identification procedure prior to trial. The trial Judge took evidence on the petition and denied it in all particulars, concluding that (1) the verdicts in the separate trial of appellant and Copeland were not inconsistent so as to warrant a new trial, (2) the items of new evidence did not warrant vacation of the conviction, and (3) appellant had not been viewed by the victim of the crime.

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