ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.  
 

ADVERTISEMENT

  • 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!

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT