[Download] "Albert Lewis Stoehr and Corwin Karr Stoehr" by Supreme Court of Indiana No. 374S62 * eBook PDF Kindle ePub Free

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Title: Albert Lewis Stoehr and Corwin Karr Stoehr
Author : Supreme Court of Indiana No. 374S62
Release Date : January 29, 1975
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

Appellants were jointly charged by affidavits with violations of Ind. Code § 35-13-4-6, Burns § 10-4101, inflicting injury during the commission of robbery, and Ind. Code § 35-12-1-1, Burns § 10-4709, commission of a felony while armed, in connection with the robbery of a gasoline station and the wounding of the attendant. Appellants were jointly tried by jury. The jury acquitted appellants on the charge of inflicting injury during the commission of robbery. The jury found appellant Corwin Karr Stoehr (hereinafter Corwin) guilty of commission of a felony while armed. The jury found appellant Albert Lewis Stoehr (hereinafter Albert) guilty of robbery. Appellants were sentenced to imprisonment for twenty-five years. Appellants timely filed their motion to correct errors, which was overruled, resulting in this consolidated appeal. I. Contentions in Common Appellants assert that they were denied effective assistance of counsel because of their joint representation when their interests conflicted. When the possibility of inconsistent interests is brought to the court's attention at the outset of the trial, reversal is required if the trial court requires the defendant to share the services of his attorney with another co-defendant. Glasser v. U.S., (1941) 315 U.S. 60, 62 S. Ct. 457, 86 L. Ed. 680. At no point before or during the trial did appellants object to being jointly represented by the attorney whom they had employed. When such claim is first advanced in a motion to correct errors, the movant must show that prejudice resulted to him. U.S. v. Lovano, (1970, 2d Cir.) 420 F. 2d 769, 773, cert. denied, 397 U.S. 1071. Appellants rely upon the maverick decision of Campbell v. U.S., (1965, D.C. Cir) 352 F. 2d 359, 360, which states: