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COA reverses 4 attempted robbery convictions

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The Indiana Court of Appeals reversed four convictions of attempted robbery after finding the evidence didn't support a reasonable inference that the defendant intended to rob each of the alleged victims.

In Curtis Stokes v. State of Indiana, No. 49A04-0905-CR-276, Curtis Stokes appealed his convictions of six counts of attempted robbery and one count of robbery in connection with the robbery of people inside a recording studio in Indianapolis.

Stokes and five other men entered the occupied studio and split up into different areas of the studio. One of the robbers drew a gun and held it to Andrew Steele's face, saying "Get down. You know what this is." Two other robbers took $200 from Edriese Phillips, and Collin Moore was shot in the leg while trying to get down on the floor but wasn't robbed.

Stokes argued the evidence was insufficient to support his five attempted robbery convictions as Class B felonies, one conviction as a Class A felony, and his Class B felony robbery conviction. Stokes was an accomplice in the crimes at the studio, but the conduct of Stokes and his co-defendants doesn't support that they were involved in the attempted robbing of everyone there.

The Court of Appeals found sufficient evidence to support Stokes' convictions as an accomplice for the robbery of Phillips, and attempted robbery of Steele and Moore. But they didn't find he attempted to rob four other people at the studio for which he was charged and convicted. The trial court was persuaded by the argument that the command "Get down. You know what this is," was directed toward each of the victims listed in the charging information and implied they were all about to be robbed.

But there's not enough evidence to support Stokes' convictions of attempted robbery of those four men. The appellate court found the California Court of Appeals' opinion in People v. Bonner, 80 Cal. App. 4th 759 (2000), to be instructive. The defendant and his brother planned on robbing a hotel manager and assistant of money and knew the route they took together to deposit the hotel's money. But they were discovered hiding in the laundry room before they could commit the robbery. The California court held since the defendant had the intent to rob the hotel workers and took acts beyond mere preparation directed at robbing them, he could be convicted of two counts of attempted robbery.

But in the instant case, Stokes never admitted to any intent to rob nor did he identify anyone he was going to rob, wrote Judge Edward Najam. The studio robbers targeted specific people, so there's not enough evidence to show specific intent to rob everyone.

The comments made by the robbers to get down, without more, is too ambiguous to support a reasonable inference that Stokes intended to rob each of the alleged attempted robbery victims, wrote Judge Najam.

The Court of Appeals also upheld the denial of Stokes' motion for mistrial after learning some jurors saw documents that stated he was incarcerated pending trial. He had waived the issue, and failed to show he was placed in a position of grave peril as a result of the jurors' exposure to those documents.

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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