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The Indiana Court of Appeals will hold oral arguments for a case involving an Allen County man challenging his murder conviction.
The hearing will be held Sept. 30 at 10 a.m. in the Court of Appeals Courtroom at the Statehouse.
A jury convicted DeMaury Haywood of murder under a theory of accomplice liability for acting in concert with Devonte Travier.
According to court records, the Allen Superior Court sentenced Haywood to 60 years for murder and enhanced his sentence by 20 years because Travier used a firearm during the offense.
On appeal, in an issue of first impression, Haywood argued that the trial court abused its discretion when it instructed the jury, during the enhancement stage of the proceedings, that his sentence could be enhanced if his accomplice used a firearm in the commission of the offense.
Haywood specifically argued that the accomplice liability statute does not apply to sentencing enhancements.
He also argued that the trial court erred when it declined to hold a hearing after it had learned that witness Adarius Jones planned to assert his privilege against self-incrimination.
Haywood further argued that even if the trial court’s failure to hold a hearing was harmless error, the trial court erred in denying his request that the jury be informed that Jones was not testifying because he planned to assert his privilege against self-incrimination.
Lastly, Haywood argued that the trial court abused its discretion when it admitted into evidence jailhouse telephone calls between Haywood and Travier.
Haywood argued that the telephone calls were highly prejudicial and misleading. He also argued that any error in the admission of this evidence was not harmless.
The case is Demaury Haywood v. State of Indiana, 23A-CR-3055.
The scheduled panelists are Judge Melissa May, Judge Elaine Brown, and Judge Rudolph Pyle.
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