Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Indiana Supreme Court will hear oral arguments on April 9 in two cases, including one that involves an Indianapolis man’s appeal of his 60-year prison sentence for murder.
Braven Harris was convicted last year in the deadly shooting of 23-year-old Payton Wilson on the city’s near east side in June 2022.
At trial, Harris objected to the admission of incriminating Instagram messages from his alleged account. The Marion Superior Court overruled his objection and admitted the messages.
A jury convicted Harris of murder. At his sentencing, the trial court did not directly ask Harris if he wanted to make a statement on his own behalf, and he was sentenced to 60 years.
The Indiana Court of Appeals affirmed the trial court’s sentence, stating that Harris waived his claim to speak at his sentencing by failing to timely object, Court of Appeals Judge Elizabeth Tavitas wrote. The trial court’s failure to ask him if he wanted to speak at his sentencing was not a fundamental error, the appeals court said.
Harris has petitioned the state supreme court to accept jurisdiction over his appeal. The case is Braven Harris v. State of Indiana, 24A-CR-542.
Prior to the Harris case on April 9, the state’s high court also will oral arguments at 9 a.m. in the appeal of a teenager who was adjudicated a delinquent for committing two acts of child molestation and one act of dissemination of matter harmful to minors.
The state petitioned the Marion County Juvenile Court to deem D.W. a delinquent, and his attorney waived the statutorily required reading of D.W.’s rights and alternatives at the initial hearing. The juvenile court also did not ask if D.W. agreed to the waiver.
After the juvenile court adjudicated D.W. to be a delinquent, D.W. appealed, arguing it was a fundamental error to not fully advise him of his rights.
On appeal, the Court of Appeals affirmed the juvenile court’s decision, saying that any error in advising D.W. of his rights does not rise to the level of fundamental error. D.W. was afforded all of his constitutional rights, Court of Appeals Chief Judge Robert Altice Jr. wrote.
D.W. has petitioned the Indiana Supreme Court to accept jurisdiction over his appeal. The case is D.W. v. State of Indiana, 23A-JV-2775.
The arguments will take place in the Indiana Supreme Court courtroom at the Statehouse and will be streamed online.
Please enable JavaScript to view this content.