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Wednesday, December 02, 2015

Ind. Courts - More on: State files petition for Supreme Court to rehear Elkhart Four cases

Updating this ILB post from Oct. 24th, reporting that, per the Elkhart Truth:

The state of Indiana has filed a petition asking the Indiana Supreme Court to rehear the cases of three members of the Elkhart Four who had their convictions overturned.
This afternoon (Dec. 2) the Supreme Court has issued an order denying the State's rehearing petition.

Here is the Sept. 18th Supreme Court ruling in Blake Layman & Levi Sparks v. State of Indiana. The opinion concluded:

In fact the verdict form given to the jury provided three choices: “Guilty of Felony Murder,” “Guilty of Burglary, a Class B felony, a lesser-included offense,” and “Not Guilty.” App. at 94. Essentially all parties understood and agreed that the uncharged lesser-included offense in this case was burglary as a class B felony. We thus remand this cause with instructions to enter verdicts of guilty to burglary as a class B felony and resentence the Appellants accordingly.

Conclusion. We reverse the judgment of the trial court and remand this cause for further proceedings consistent with this opinion.

Posted by Marcia Oddi on December 2, 2015 02:09 PM
Posted to Ind. Sup.Ct. Decisions