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Court reverses feticide convictions on double jeopardy grounds

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The man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.

Brian Kendrick, who was convicted of Class A felony attempted murder, Class B felony robbery, two counts of Class C felony feticide, and Class A misdemeanor carrying a handgun without a license, argued that his violations for attempted murder and feticide violated the Indiana Constitution’s double jeopardy clause. During a robbery of a bank in Indianapolis in 2008, Kendrick jumped over the counter and shot teller Katherine Shuffield in the abdomen. She was pregnant and as a result of her injuries, the babies had to be delivered at 22 weeks gestation. One was stillborn and the other survived only a few hours after delivery.

The Court of Appeals determined in Brian Kendrick v. State of Indiana, No. 49A02-1003-CR-300, that the evidentiary facts used to establish the feticide convictions established all of the elements of the attempted murder conviction. The convictions resulted from one act – the shooting of Shuffield in the stomach. The state presented additional evidence regarding her pregnancy and resulting termination to establish the feticide convictions, but didn’t present any additional evidence to establish attempted murder, wrote Judge Ezra Friedlander.

The judges remanded for re-sentencing, noting the trial court may now consider Shuffield’s pregnancy and termination of it in crafting Kendrick’s sentence for attempted murder. But, the court can’t impose an aggregate sentence in excess of 53 years, his original aggregate sentence, wrote Judge Friedlander.

The appellate court also found the trial court did not abuse its discretion in finding witness Gilberto Mendez unavailable for trial, as the state made a good faith effort to obtain his presence at trial. Mendez believed he was supposed to testify at 1 p.m. on a Wednesday, but the prosecution told him that wasn’t the case. Actually, it was the defense that had him scheduled to testify. The prosecution told Mendez to be prepared to testify the next day, but instead he left to work in Kentucky.

The judges also concluded that Kendrick’s challenge to three statements made by prosecutors during his trial did not amount to prosecutorial misconduct entitling him to a new trial.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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