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Friday, September 12, 2014

Ind. Decisions - COA issues news release re "Elkhart 4" decision

The COA has now issued a news release re today's "Elkhart 4" ruling:

Appeals Court affirms Elkhart felony murder convictions: Court also orders revised sentences ordered for three appellants

INDIANAPOLIS – In companion cases decided today, the Court of Appeals of Indiana affirmed the felony murder convictions of two juveniles and an adult who participated in a 2012 burglary in Elkhart, IN, that led to the shooting death of an accomplice.

Separate panels of judges handed down the opinions, which both direct the trial court to issue amended sentencing orders for the appellants.

Blake Layman and Levi Sparks, the juveniles, and Anthony P. Sharp, Jr., were tried together and convicted in Elkhart Circuit Court in August 2013. Layman and Sparks jointly appealed their convictions and sentences of 55 and 50 years, respectively. Sharp separately appealed his conviction and sentence of 55 years in prison.

Layman and Sparks v. State is a 2-1 decision with separate concurring and dissenting opinions. Sharp v. State was decided unanimously. Both opinions are marked “for publication,” which means they can be cited as precedent in future cases.

Under Indiana Rules of Appellate Procedure, parties have 30 days to seek rehearing by the Court of Appeals or petition for transfer to the Indiana Supreme Court. An Appeals Court opinion is not certified, or final, while those procedural options remain open.

Posted by Marcia Oddi on September 12, 2014 11:41 AM
Posted to Ind. App.Ct. Decisions