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Opinions Feb. 8, 2016

February 8, 2016
KEYWORDS Opinions / neglect

Indiana Court of Appeals
Hervin S. Talley v. State of Indiana

45A05-1507-PC-1005
Post Conviction. Affirms denial of Talley’s petition for post-conviction relief. Finds Talley’s attorney’s decision to not file a motion to bifurcate the possession of a handgun charge from resisting law enforcement charges was correct because the motion would have been denied since the charges are interconnected.

Antonio Miles v. State of Indiana
32A01-1412-CR-509
Criminal. Affirms conviction of murder, a felony. Finds the evidence was sufficient to support the jury’s inference that Miles knowingly killed the victim especially the improbability that the victim shot herself and Miles’ contradicting explanation about what happened. Rules the text messages were admissible under Evidence Rule 404(b)(2) because they demonstrated the nature of the relationship between Miles and the victim. Holds the jury instruction about “a knowing killing” was not inappropriate. Finds the trial court’s instruction, admonition and the abundance of evidence overcame prosecution’s suggestion during closing arguments that Miles was supposed to present evidence to prove his innocence.  
 

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