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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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