Kyle DeHart v. State of Indiana (mem. dec.), 43A03-1611-CR-2594

On Feb. 18, 2015 Kyle DeHart, Brandon Woody, and Thomas Hursey went to Tara Thornburg’s home intending to obtain marijuana without paying; the encounter ended with Woody fatally shooting Thornburg and her boyfriend Joshua Knisely.
Hursey (co-defendant) testified that DeHart and Woody planned to “rob” Thornburg, and that DeHart brought a black bag containing duct tape and a utility knife; Hursey described events at the house and the men fleeing afterward.
After the shooting Woody admitted facts to Hursey (including that the gun jammed), disposed of a handgun, and burned clothing; police recovered shell casings, a roll of duct tape, burned clothes at DeHart’s home, and shoes consistent with prints outside Thornburg’s house.
The State charged DeHart with two counts of murder (alleging commission/attempted commission of robbery during which killings occurred) and obstruction of justice; Woody and Hursey were likewise charged.
The trial court granted joinder of DeHart and Woody over DeHart’s severance request; Hursey testified for the State; the jury convicted DeHart on all counts and the court imposed an aggregate 110-year sentence.

Issue	Plaintiff's Argument (State)	Defendant's Argument (DeHart)	Held
Sufficiency of evidence	Hursey’s eyewitness testimony plus physical and circumstantial evidence supports convictions.	Hursey is unreliable; evidence insufficient to prove DeHart’s guilt beyond reasonable doubt.	Affirmed — evidence (Hursey’s testimony corroborated by other evidence) sufficient.
Motion for separate trial (severance)	Joinder proper; evidence against DeHart would likely have been introduced at separate trial; jury instructions mitigated risk.	Joint trial prejudiced DeHart; antagonistic defenses and inadmissible evidence against Woody poisoned joint trial.	Denial of severance not an abuse of discretion; DeHart failed to show actual prejudice.
Admission of rap song lyrics/recordings	Lyrics show motive/intent and are relevant to prove intent and conduct.	Songs were minimally probative, remote in time, lacking foundation, and unduly prejudicial (Rule 403/404(b)).	Trial court abused discretion admitting songs (403) but error was harmless given overwhelming independent evidence.
Testimony about Woody’s prior rap performance with handgun	Performance showed Woody possessed and handled a semiautomatic handgun and that it had jammed before — relevant to identify firearm and reliability.	Testimony unfairly prejudicial to DeHart because weapon was not recovered and DeHart was not present at performance.	Admission not an abuse of discretion; probative value outweighed potential prejudice.

Wood v. State, 999 N.E.2d 1054 (Ind. Ct. App. 2013) (standard for sufficiency review — view evidence in light most favorable to verdict)
Bell v. State, 31 N.E.3d 495 (Ind. 2015) (trial-court credibility determinations and weight of evidence principles)
Peck v. State, 563 N.E.2d 554 (Ind. 1990) (defendant must show actual prejudice from denial of severance)
Bryant v. State, 802 N.E.2d 486 (Ind. Ct. App. 2004) (rap-lyric evidence probative where it tended to make a fact more probable)
Martin v. State, 779 N.E.2d 1235 (Ind. Ct. App. 2002) (improperly admitted evidence is harmless when independent evidence supports conviction)
Dunlap v. State, 761 N.E.2d 837 (Ind. 2002) (Rule 403 balancing reviewed for abuse of discretion)
Carter v. State, 766 N.E.2d 377 (Ind. 2002) (courts consider whether evidence will inflame jurors or lead them to overvalue it)
Hubbell v. State, 754 N.E.2d 884 (Ind. 2001) (weapons not tied to crime may be unfairly prejudicial)