Kendrick v. State
2011 Ind. App. LEXIS 933
Ind. Ct. App.2011Background
- Kendrick was convicted at a five-day jury trial of class A felony attempted murder, class A felony robbery, two counts of class C feticide, and class A misdemeanor handgun possession.
- The State's theory tied the feticide convictions to the same shooting that established attempted murder; the victim was a pregnant bank patron who delivered stillborn twins after injuries.
- The trial court reduced the robbery conviction to a class B felony to avoid double jeopardy; Kendrick received an aggregate sentence of 53 years.
- Post-trial, Kendrick appeals arguing double jeopardy, improper admission of a deposition from an unavailable witness, and prosecutorial misconduct.
- The appellate court vacates the feticide convictions for double jeopardy, remands for resentencing on remaining counts, and addresses issues of deposition and prosecutorial conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy: feticide and attempted murder | Kendrick asserts same-evidence double jeopardy | State argues separate feticide elements | Feticide vacated; remand for resentencing |
| Admission of deposition from unavailable witness | Kendrick contends State procured absence | State made good-faith effort to obtain presence | No abuse of discretion; deposition harmless |
| Prosecutorial misconduct at trial | Pattern of misconduct denied fair trial | Misconduct isolated; not grave peril | No reversible prosecutorial misconduct; issues waived on some points |
Key Cases Cited
- Richardson v. State, 717 N.E.2d 32 (Ind. 1999) (test for state double jeopardy—same-elements/evidence approach)
- Davis v. State, 770 N.E.2d 319 (Ind. 2002) (evidentiary overlap not bar to multiple convictions)
- Bald v. State, 766 N.E.2d 1170 (Ind. 2002) (evidence overlap not automatic bar to multiple convictions)
- Koenig v. State, 933 N.E.2d 1271 (Ind. 2010) (harmless-error analysis for confrontation issues)