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COA to hear denied mistrial, attempted murder arguments in Lake, Wayne counties

March 18, 2019

The Indiana Court of Appeals will travel twice this week to hear arguments in Lake and Wayne counties involving a denied mistrial and attempted murder.

Judges Patricia Riley, Margret Robb and Paul Mathias will hear Kevin D. Jones v. State of Indiana, 18A-CR-01320 at 1 p.m. Tuesday in Hammond. Jones was found guilty of battery, aggravated battery and domestic battery, despite recommendations from both parties that he receive a new trial.

When a relative of Jones approached a juror and mentioned self-defense prior to trial, the court interviewed and dismissed the juror. The remaining jurors were subsequently interviewed regarding their ability to serve on the jury, and both the state and defense indicated they believed a mistrial would be appropriate. However, the trial court declined to declare a mistrial, and the jury convicted Jones.

Jones now appeals his conviction, arguing the trial court committed reversible error in failing to grant a mistrial. The argument will be held at the Hammond Academy of Science and Technology, 33 Muenich Court, Hammond, 46320.

Then on Thursday, judges John Baker, Melissa May and Riley will hear Loren David Gary v. State of Indiana, 18A-CR-02067 at 11 a.m. at Indiana University East in Richmond.

Gary was convicted of Level 1 felony attempted murder and two counts of intimidation, one as a Level 5 felony and one as a Level 6 felony. He raises three arguments on appeal, including insufficient evidence to support his convictions, improper waiver of his right to a jury trial regarding his sentencing enhancement for use of a firearm, and violations of his double jeopardy rights. As to the third argument, Gary claims his attempted murder and Level 5 felony intimidation convictions violate his right to be free of double jeopardy because the jury could have relied on the same evidence for both convictions.

The argument will be held in Whiteware Hall – Vivian Auditorium, 2325 Chester Blvd., Richmond, 47374.

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