Statutory Interpretation Case

Kenyatta Erkins and Ugbe Ojile v. State of Indiana

When: THU, FEB 13, 2014 at 10:30 AM

Court: Indiana Supreme Court

Panel: J. Dickson J. Rucker J. David J. Massa J. Rush

Case No: 58S01-1309-CR-00586

Lower Case: 58A01-1205-CR-00215

County: Ohio

Case Summary Police obtained a recording of a telephone conversation between Erkins and co-defendant, Ugbe Ojile, discussing their plans to rob a particular person the next day and the necessity of using violence against that person. They were each charged with one count of conspiracy to commit robbery resulting in serious bodily injury, and one count of attempt to commit robbery resulting in serious bodily injury, both class A felonies. After the jury was sworn but before opening argument, the State moved to dismiss the attempt charges and to amend the conspiracy charges by substituting Ojile's name for Erkins's as the person who committed the overt act of surveilling the intended victim. That motion was granted by the Ohio Circuit Court over the defendants' objections, and the jury found the defendants guilty as charged. The Court of Appeals affirmed. Erkins v. State, 998 N.E.2d 229 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer filed by Erkins and has assumed jurisdiction over the appeal.

(Click on the image to watch/listen to the argument).


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