(DOWNLOAD) "Henry Grady Emerson v. State Indiana" by Court of Appeals of Indiana * eBook PDF Kindle ePub Free
eBook details
- Title: Henry Grady Emerson v. State Indiana
- Author : Court of Appeals of Indiana
- Release Date : January 18, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appellant in this case was convicted of robbery in a trial before Honorable Robert Wade, Judge Pro Tem of the Marion County Criminal Court, and was subsequently sentenced to ten to twenty years at the Indiana State Prison. Appellant appealed the conviction alleging that the prosecutors questions to a States witness were suggestive of the appellants identification in the court room. Emersons conviction was affirmed by this Court in the case of Emerson v. State (1970), 253 Ind. 515, 255 N.E.2d 532. Shortly thereafter appellant filed a petition for post conviction relief under Ind. PC. Rule 1, alleging that (1) the use of a photograph by the Indianapolis Police Department in its pre-trial investigation of the crime was so impermissibly suggestive of appellants identity that it requires reversal, and (2) newly discovered evidence requires that the conviction be reversed and a new trial granted. A hearing was held on appellants petition by the Honorable John T. Davis in the Marion County Criminal Court and relief was denied. Appellant now appeals that denial here.