Jones v. State

This appeal from the denial of a Post-Conviction Petition presents a pair of interrelated allegations. Appellant alleges that his trial counsel was incompetent and that, as a result of this incompetence, evidence favorable to Appellant was not brought forward at trial. Thus, in essence Appellant is saying that newly discovered evidence exists which requires a new trial.

We begin by noting that Appellant, convicted of second degree murder, took an appeal to this court. Jones v. State (1970), 253 Ind. 456, 255 N.E.2d 105. In that case the sole issue presented was “that there is a total lack of…