Smith v. Indiana

DeBRULER, Justice.

This is an appeal following denial of a petition for post-conviction relief. Appellant’s murder conviction was upheld on di rect appeal in Smith v. State (1981), 275 Ind. 642, 419 N.E.2d 743.

There are two issues presented for review: (1) whether appellant’s trial attorney provided ineffective assistance of counsel; and (2) whether newly discovered evidence requires a new trial.

Testimony in the trial court revealed that appellant was acquainted with Marvin Foster and Kalvyn Collins and was often seen in their company. Foster and Collins lived together in a basement apartment…