In Re Smith

474 P.2d 969 (1970)

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Nature of the Case

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Facts

D was in jail for conviction of two counts of kidnapping, one count of rape, and one count of attempted kidnapping. D filed a pro per writ for habeas corpus based on the contention of ineffective assistance of counsel on an appeal. The crimes for which D was convicted occurred between November 1, 1966, and February 1, 1967. D was arrested about a half hour after his last incident on February 1. D was tried and convicted, and his defense was alibi on the occasions of all three offenses. The convictions were affirmed on appeal. D contends he was denied effective assistance of counsel on his appeal because his court-appointed counsel was incompetent and failed to raise substantial allegations of error which arguably might have resulted in the reversal of his convictions. It was the second crime that came under attack in that the victim was grabbed by the arm and a screwdriver was brandished at her, and she was told to unlock the door of the car. While D was searching for the victim's keys in her purse, another car pulled up, and she escaped.