Blake Layman & Levi Sparks v. State of Indiana
42 N.E.3d 972
| Ind. | 2015Background
- On Oct. 3, 2012, juveniles Blake Layman (16) and Levi Sparks (17) and co-defendants forced entry into Rodney Scott’s home to commit theft; Sparks served as a lookout.
- During the breaking-and-entering the homeowner, Scott, awoke, armed himself, fired, and a co-perpetrator (Danzele Johnson) was fatally shot; Layman was wounded and arrested; another co-defendant, Quiroz, pleaded guilty and testified.
- The State charged Layman, Sparks, Quiroz, and Sharp with felony murder in the perpetration of a burglary; Layman and Sparks were tried jointly, convicted, and sentenced to lengthy terms.
- On appeal the defendants raised constitutional challenges (including direct-filing and Eighth Amendment arguments) plus a claim that felony murder did not properly apply because a co-felon — not the defendant — was killed.
- The Indiana Supreme Court granted transfer, declined to decide the unpreserved constitutional claims, affirmed the statutory interpretation in Palmer, but reversed the felony murder convictions because the facts did not show the defendants engaged in the violent, foreseeable conduct underlying prior accomplice felony-murder cases.
- The Court remanded with instructions to enter convictions for burglary as a Class B felony (the lesser-included offense submitted at trial) and to resentence accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the felony-murder statute applies when a co-perpetrator is killed by a non-participant | State: Palmer and its progeny permit felony-murder liability for co-perpetrator deaths when death is the mediate or immediate result of felonious conduct | Layman/Sparks: Palmer should be overruled; statute should not reach deaths caused by non-participants (especially for juveniles) | Court: Palmer remains binding; statute may reach co-perpetrator deaths when death was a foreseeable result, but not in this case |
| Whether evidence was sufficient to support felony-murder convictions | State: Breaking and entering with intent to steal created the dangerous situation making death foreseeable | Defendants: They were unarmed and did not engage in violent, threatening conduct; co-perpetrator’s death was not foreseeable | Court: Evidence sufficient for burglary but insufficient for felony murder here because defendants’ conduct lacked dangerous, violent features that made death foreseeable |
| Whether appellate court should address unpreserved constitutional challenges (direct-filing, Eighth Amendment, proportionality) | Defendants: Raise as-applied and facial constitutional challenges tied to juvenile status and sentencing | State: Issues forfeited; appellants failed to raise at trial | Court: Declined to address these unpreserved constitutional claims — they are forfeited and also unnecessary to decide given other grounds |
| Remedy/Double jeopardy: If felony murder reversed, can defendants be convicted/resentenced for underlying burglary (potentially elevated)? | State: Underlying burglary is a lesser-included offense; resentencing to burglary (possibly elevated) is permitted | Defendants: Risk of double jeopardy or impermissible enhancement based on same harm | Court: Remand to enter guilty verdicts for burglary as charged (Class B per charging/instructions) and resentence; noted double-jeopardy principles but held resentence for lesser included offense appropriate here |
Key Cases Cited
- Palmer v. State, 704 N.E.2d 124 (Ind. 1999) (held felony-murder may apply when a co-perpetrator is killed if death was a foreseeable result of felonious conduct)
- Forney v. State, 742 N.E.2d 934 (Ind. 2001) (applied Palmer to uphold felony-murder liability where violent, armed felonious conduct created foreseeable risk)
- Jenkins v. State, 726 N.E.2d 268 (Ind. 2000) (affirmed felony-murder conviction where defendants’ violent conduct and weapons use made death foreseeable)
- Douglass v. State, 466 N.E.2d 721 (Ind. 1984) (underlying felony is a lesser-included offense of felony murder)
- Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (explained Indiana double jeopardy analysis regarding overlapping offenses)
- Treadway v. State, 924 N.E.2d 621 (Ind. 2010) (standard for sufficiency-of-evidence review)