Van Evey v. State

DICKSON, Justice.

Petitioner-appellant, Ricky Van Evey, Ir., is before this Court appealing from the denial of his petition for post-conviction relief. He was charged and convicted by a jury for robbery, a class A felony (Ind.Code § 35-42-5-1), and sentenced to twenty (20) years imprisonment. His conviction was affirmed on direct appeal in Evey v. State (1981), 275 Ind. 674, 419 N.E.2d 971. Petitioner raises three issues in this appeal:

1. the trial court's failure to give a jury instruction sua sponte regarding effect of defendant's failure to testify;

2. ineffective assistance of counsel; and,

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