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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were posted after The Indiana Lawyer’s deadline Wednesday:
Indiana Supreme Court
Antonio Turner v. State of Indiana
24S-CR-147
Criminal. Vacates Antonio Turner’s conviction and sentence in Marion Superior Court of felony battery by means of a deadly weapon. Finds that because the magistrate judge agreed with Turner that his only choices were to shoot or be shot, the high court agrees with Turner’s argument that the self-defense statute justified his actions. Justice Christopher Goff concurs in the judgment with separate opinion. Attorney for appellant: Bryan Cook. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Caroline Templeton, Deputy Attorney General Alexandria Sons.
J.Q.R. v. State of Indiana
24S-JV-298
Juvenile. Affirms Hendricks Superior Court Judge Ryan Tanselle’s admitting J.Q.R.’s incriminating statements to a detective about selling pills to his classmates into evidence and ultimately adjudicating him a delinquent child. Finds the state failed to meet its burden to prove the father had no interest adverse to the child each time he waived his son’s rights. Also finds that the trial court erred in admitting the child’s statements but holds that the error was harmless. Attorney for appellant: Zachary Stock. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorneys General Catherine Brizzi, Kelly Loy.
Zachariah David Konkle v. State of Indiana
24S-CR-207
Criminal. Affirms Zachariah Konkle’s conviction by a Jackson Circuit Court jury of voluntary manslaughter for knowingly killing Michael Steele. Finds no prosecutorial misconduct, sufficient evidence to prove the “knowing” element of the crime, and that the sentence was appropriate. Justice Christopher Goff concurs in part and dissents in part with separate opinion. Attorney for appellant: R. Patrick Magrath. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorneys General Megan Smith and Daylon Welliver, Chief Counsel of Appeals Angela Sanchez.
Thursday opinions
Indiana Court of Appeals
Daniel E. Baker v. State of Indiana
24A-CR-1311
Criminal. Reverses Daniel Baker’s conviction by a Marion Superior Court jury of criminal mischief. Finds the conviction must be vacated as it violates the state’s prohibition on substantive double jeopardy. Also finds that on remand, the trial court should prepare an abstract of judgment and amend the sentencing order and Chronological Case Summary as needed to clearly and correctly reflect the judgment. Attorney for appellant: Peter Laramore. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Daylon Welliver.
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