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COA says argument over wording of robbery statute is issue of first impression

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An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.

The appellants in Kenyatta Erkins and Ugbe Ojile v. State of Indiana, 58A01-1205-CR-215, raised multiple issues in their appeal of their convictions for Class A felony conspiracy to commit robbery resulting in serious bodily injury and Class A felony attempt to commit robbery resulting in serious bodily injury.

In particular, Kenyatta Erkins and Ugbe Ojile asserted that the evidence was insufficient to support their convictions for Class A felony conspiracy because the would-be victim was not harmed.

The pair had been watching while the potential victim, S.M., played cards at the Grand Victoria Casino. Although they subsequently talked on their cell phones about how much money S.M. had and about robbing S.M., they never actually robbed the would-be victim.

Early the next morning, Ohio police stopped and searched Erkin’s vehicle. They found dark clothing, camouflage gloves, a roll of duct tape, and a .49 caliber Glock handgun, a BB gun and a .40 caliber cartridge.

Erkins and Ojile were charged and found guilty.

On appeal, the pair contended the evidence was insufficient to support their convictions for Class A felony conspiracy to commit robbery resulting in serious bodily injury. They argued the use of the word “results” in the robbery statute, Indiana Code 35-42-5-1, requires the actual existence of serious bodily injury.
 
The appeals court noted this is an issue of first impression. The appellants cited no caselaw supporting their argument and the court did not find any cases, either in Indiana or its sister states, that address this issue.

Still, the COA pointed out Erkins and Ojile were not charged with robbery but rather charged and convicted of conspiracy.

The court concluded that the evidence is sufficient to support a conviction for a Class A felony conspiracy to commit robbery where the state establishes beyond a reasonable doubt that the co-conspirators intended and agreed to cause serious bodily injury to the victim in perpetrating the robbery.

Accordingly, the COA found an individual could find beyond a reasonable doubt that the appellants intended and agreed to harm S.M. when they robbed him.

The COA, rejecting Erkins’ and Ojile’s argument on the sufficiency of the evidence along with the other arguments they raised, affirmed the pair’s convictions.  
 

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  • Illegal search
    Cops stopped and searched the car, didn't read anything about a search warrant, which without, violated their 4th ammendment rights the right to privacy. Also did not see any reason for making a traffic stop!
  • COA screws up again
    I want to caution everyone, if going to a costume party, have your costume delivered to the party, dress there, remove and discard before leaving. It appears that our courts can lock people up, even when there is no actual victim or no actual crime. I assume a jury made this conviction and I hope you got home in time for dinner. Juries in the United States have become a joke. A bunch of strangers sitting in judgement of another human being, for the most part don't give a crap about that person. They are more concerned with getting out of there, so they can do whatever they want to do!

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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