Curtis Sample v. State of Indiana - 4/24/14

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Thursday  April 24, 2014 
9:00 AM  EST

9 a.m. 45S03-1401-CR-11. Sample was convicted of murder, see Sample v. State, 932 N.E.2d 1230 (Ind. 2010), and on remand, was found to be an habitual offender.  During the habitual offender phase, the State called witnesses who testified that the victim in the predicate offenses had mental health issues.  Citing Hollowell v. State, 753 N.E.2d 612 (Ind. 2001), the Court of Appeals affirmed in Sample v. State, No. 45A03-1302-CR-52 (Ind. Ct. App. Sept. 19, 2013) (NFP mem. dec.), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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