Collins v. State

Banke, Judge.

James Collins and Harry Evans were jointly tried and convicted of burglary. They were represented at trial by the same appointed counsel. Collins contended in their joint motion for new trial that this denied him his Sixth Amendment right to effective assistance of counsel. This joint appeal is from the denial of the motion for new trial.

Evans made a taped confession prior to trial in which he implicated Collins. This tape was played before the jury, with the trial judge later giving instructions that the confession was to be considered as evidence against Evans only, not against…