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The Indiana Court of Appeals will hear oral arguments at Indiana University Robert H. McKinney School of Law on Thursday in a Delaware County reckless homicide case.
The three-judge panel will consider the appeal of Melvin Weaver, who was convicted of Level 5 felony reckless homicide, Level 6 felony obstruction of justice and Class A misdemeanor driving while suspended after causing a traffic accident that resulted in the death of another driver.
Matthew Adams was killed in the accident on Sept. 26, 2020 in Muncie.
At trial, Weaver’s defense to the reckless-homicide charge had been that he had acted negligently, rather than recklessly.
According to court records, Weaver was sentenced in March 2024 to four years in the Indiana Department of Correction with 44 days of credit.
Now, on appeal, Weaver contends that the trial court erred by failing to instruct the jury on the definition of the term “negligence” and that the jury could not find him guilty of reckless homicide if it found that he had merely acted negligently.
Weaver also argues that Delaware Circuit Court Judge Douglas Mawhorr abused his discretion in admitting certain evidence and that the evidence is insufficient to sustain his reckless-homicide conviction.
Judges Melissa May, Cale Bradford and Peter Foley will heararguments in the case at 4:30 p.m. in Room 100 of the McKinney School of Law in Indianapolis.
The case is Melvin Weaver v. State of Indiana, 24A-CR-766.
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