(Download) "Tomich v. State" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Tomich v. State
- Author : Supreme Court of Montana
- Release Date : January 01, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Submitted February 25, 1963 This is an application pro se by one John J. Tomich, an inmate of the Montana State Prison On January 18, 1963, about one month ago, this same applicant filed a similar application, and we refused to take jurisdiction in Cause No. 10549. As revealed there, the same applicant has been here in November 1961, September 1961, June 1961, and January 1961 We have two handwritten applications containing the same matters previously rejected. However, this time, the applicant would inject what he terms incompetency of his own counsel in various ways in the conduct of his trial. He now states that counsel who represented him was not of his own choosing, but selected for him by ""friends"". He further makes groundless assertions concerning conduct of his counsel in the trial of his case which we have previously discussed. In addition, he asserts that his counsel did not subpoena witnesses for his defense and as he puts it, ""to compound gross inefficiency, he refused to allow this appellant to take the witness stand in his own defense."" Other assertions that we will not dignify by repetition were also made. As we observed previously, defense counsel was and is an experienced attorney, and we will not ""second guess"" nor speculate on tactics of the trial Because of the repetition of this application, we think it appropriate to quote the observations of the Supreme Court of New Jersey in State v. Buffa, 65 N.J. Super. 421, 168 A.2d 49, 50 There it was said: ""The courts are always open, as they should be, to defendants who have been dealt with unfairly. We are and must remain sensitive to claims that have any show of merit. But we should not be blind to claims that have no substance whatever, conceived in prison leisure, and — as is quite evident to us from a consideration of more than 100 applications in the recent past — composed with the help of what appears to be a small corps of `prison lawyers,' who have law books, the latest decisions of our appellate courts and other courts, typewriters, legal paper, and all that is necessary for producing a constant flow of applications, supporting papers and briefs