Green v. State
2010 Ind. App. LEXIS 2287
| Ind. Ct. App. | 2010Background
- Green was convicted of murder in Indiana for the death of Ellis, with Townsend as a codefendant.
- Ellis disappeared August 4–5, 2008; her body was found August 19, 2008, with gunshot wound; the murder weapon matched Green's firearm.
- Green and Townsend were together the night Ellis disappeared and reenacted the shooting for Edwards, who witnessed their conduct.
- Police recovered a firearm discarded by Green during a foot pursuit; ballistic testing linked the gun to Ellis' shooting.
- Green demanded separate trials; after trial, he was found guilty and sentenced to 55 years in prison.
- On appeal, Green challenged sufficiency of the evidence and the jury instruction on accomplice liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder | State contends evidence proves Green killed Ellis or aided Townsend. | Green argues evidence insufficient to prove murder or accomplice liability beyond reasonable doubt. | Sufficient evidence supported conviction. |
| Jury instruction on accomplice liability | State argues instruction correctly stated accomplice liability law in context. | Green claims instruction unduly emphasized post-crime acts and was misleading. | Instruction read as whole correctly advised accomplice liability; no reversible error. |
Key Cases Cited
- Vandivier v. State, 822 N.E.2d 1047 (Ind. Ct. App. 2005) (accomplice liability principles apply to guilt)
- Bruno v. State, 774 N.E.2d 880 (Ind. Ct. App. 2002) (accomplice liability does not require participation in every element)
- Alvies v. State, 905 N.E.2d 57 (Ind. Ct. App. 2009) (presence plus factors; conduct before/after may be considered)
- Ajabu v. State, 693 N.E.2d 921 (Ind. 1998) (tangential involvement can support accomplice liability)
- Fowler v. State, 900 N.E.2d 770 (Ind. Ct. App. 2009) (avoid undue emphasis on isolated facts in instructions)
- Boney v. State, 880 N.E.2d 279 (Ind. Ct. App. 2008) (accomplice instruction must reflect total circumstances)
- Peterson v. State, 699 N.E.2d 701 (Ind. Ct. App. 1998) (accomplice liability criteria in instructions)
- Perez v. State, 872 N.E.2d 208 (Ind. Ct. App. 2007) (sufficiency standard of review)