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.  


  • 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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.