Kendall Johnson v. State of Indiana
2013 Ind. App. LEXIS 200
| Ind. Ct. App. | 2013Background
- Kendall Johnson was tried in Marion Superior Court for murder and Class C felony battery after a shooting at Quintell Williams’ house.
- Jordan was staying at Williams’ house; Johnson and Jordan argued, leading Williams and Douglass to ask Bell to intervene.
- Bell was shot eleven times and died; Johnson admitted firing at Bell and had firearms evidence linking him to the scene.
- State charged Johnson with murder, battery, strangulation, and marijuana possession; marijuana charge was severed.
- Jury ultimately convicted Johnson of murder and battery; strangulation was dismissed by the court; sentences run concurrently (55 years and 4 years).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reckless homicide instruction was proper | State argues no evidentiary basis for reckless homicide. | Johnson contends reckless homicide is a lesser-included offense due to self-defense theories. | No abuse; record lacked evidentiary support for reckless homicide. |
| Whether the sentence was inappropriate | State argues advisory murder rate and Johnson’s criminal history support the sentence. | Johnson claims self-defense and seeks a lesser sentence. | Sentence not inappropriate given offense and offender characteristics. |
Key Cases Cited
- Androusky v. Walter, 970 N.E.2d 687 (Ind. Ct. App. 2012) (standards for reviewing jury instructions)
- Webb v. State, 963 N.E.2d 1103 (Ind.) (reckless homicide as lesser included offense principle)
- Sanders v. State, 704 N.E.2d 119 (Ind. 1999) (far-range shooting and murder/reckless homicide distinction)
- Young v. State, 699 N.E.2d 252 (Ind. 1998) (evidentiary dispute in murder vs. reckless homicide)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (advisory sentence standard for Indiana)
- Rich v. State, 890 N.E.2d 44 (Ind. Ct. App. 2008) (factors for deciding deviation from advisory sentence)
- Rutherford v. State, 866 N.E.2d 867 (Ind. Ct. App. 2007) (criminal history's relevance to sentencing)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (burden on defendant to show inappropriate sentence)