[DOWNLOAD] "Fiore Carl Bucci and Richard P. Viccarone" by Supreme Court of Indiana No. 774S139 # Book PDF Kindle ePub Free

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eBook details

• Title: Fiore Carl Bucci and Richard P. Viccarone
• Author : Supreme Court of Indiana No. 774S139
• Release Date : January 15, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

On December 8, 1965, a jury found the Defendants guilty of Conspiracy to Commit a Felony and guilty of Committing A Felony While Armed; this Court decided their appeal adversely to their interests. Bucci v. State, (1968) 250 Ind. 671, 237 N.E.2d 87. In 1973, Defendants filed Petitions for Post-Conviction Relief. After a hearing, these petitions were denied, and Defendants now appeal therefrom. The sole issue presented for our consideration is the question of ineffective assistance of trial counsel. The alleged factual basis for this claim is that Defendants' trial attorneys pursued a defense tactic based on an erroneous understanding of the law. Defendants' trial attorneys filed a Motion for Change of Venue and then failed to strike timely from the panel appointed by the trial Judge. Thereupon, the trial Judge resumed jurisdiction and the case came to trial. At trial, Defendants stood mute and presented no evidence. This tactic was adopted, according to the Defendants' testimony at the post-conviction hearing, because their attorneys believed the trial Judge lacked the power and authority to resume jurisdiction. The trial attorneys did not testify at the post-conviction hearing. On direct appeal, this Court held that the law was clear -- the trial Judge automatically resumed jurisdiction upon the failure of a party to strike from the panel within the time period described by then Supreme Court Rule 1-12. Bucci, supra.

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