Jenkins v. State, No. 02S00-9810-CR-538.

Docket NºNo. 02S00-9810-CR-538.
Citation726 N.E.2d 268
Case DateApril 03, 2000
CourtSupreme Court of Indiana

726 N.E.2d 268

Rodney Kinta JENKINS, Defendant-Appellant,
v.
STATE of Indiana, Plaintiff-Appellee

No. 02S00-9810-CR-538.

Supreme Court of Indiana.

April 3, 2000.


Mark A. Thoma, Deputy Public Defender, Fort Wayne, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Thomas D. Perkins, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

On Direct Appeal

DICKSON, Justice

The defendant-appellant, Rodney Kinta Jenkins, was convicted of felony murder for the killing of Timothy D. Thomas,1 the robbery of Darrick C. Lawson,2 and two counts of criminal confinement.3 In this direct appeal, his arguments concern: the applicability of the felony murder statute;

726 N.E.2d 269
sufficiency of the evidence; and double jeopardy

The Applicability of the Felony Murder Statute

The defendant contends that his felony murder conviction should be vacated on grounds that the felony murder statute does not impose criminal liability for murder when the resulting death is that of a co-perpetrator. The defendant's felony murder conviction was based on the death of Timothy D. Thomas in the course of a robbery of Darrick C. Lawson committed by the defendant and Thomas, during which Lawson fatally shot Thomas. The defendant argues that he neither shot Thomas nor engaged in conduct that caused his death. This Court has recently rejected the same argument. Palmer v. State, 704 N.E.2d 124, 126-27 (Ind.1999).

The felony murder language of our murder statute provides: "A person who ... [k]ills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct, kidnapping, rape, robbery, or carjacking; ... commits murder, a felony." IND.CODE § 35-42-1-1. In Palmer, we held that the statutory language "kills another human being while committing" does not restrict the felony murder provision only to instances in which the felon is the killer, but may also apply equally when, in committing any of the designated felonies, the felon contributes to the death of any person. Palmer, 704 N.E.2d at 126. In Palmer, we echoed the observation of our Court of Appeals:

[A] person who commits or attempts to commit one of the offenses designated in the felony-murder statute is criminally responsible for a homicide which results from the act of one who was not a participant in the original criminal activity. Where the accused reasonably should have ... foreseen that the commission of or attempt to commit the contemplated felony would likely create a situation which would expose another to the danger of death at the hands of a nonparticipant in the felony, and where death in fact occurs as was foreseeable, the creation of such a dangerous situation is an intermediary, secondary, or medium in effecting or bringing about the death of the victim. There, the situation is a mediate contribution to the victim's killing.

Palmer, 704 N.E.2d at 126 (quoting Sheckles v. State, 684 N.E.2d 201, 205 (Ind.Ct. App.1997)). In deciding whether a person may be convicted of felony murder for an allegedly indirect or remote death, we have applied the felony murder statute when the designated felony was "the mediate or immediate cause" of the death. Reaves v. State, 586 N.E.2d 847, 854-55 (Ind.1992) (bed-ridden robbery victim died of a pulmonary embolism three weeks after a robbery); Pittman v. State, 528 N.E.2d 67, 70 (Ind.1988) (burglary victim died from pulmonary embolism resulting from victim's obesity and post-operative immobility following laparotomy to determine severity of stab wound incurred in burglary); Sims v. State, 466 N.E.2d 24, 25-26 (Ind.1984) (victim died of congestive heart failure following surgery for fractured mandible suffered in the beating sustained during burglary). See also Thomas v. State, 436 N.E.2d 1109, 1111-12 (Ind. 1982) (victim died of acute cardiac arrhythmia during robbery); Booker v. State, 270 Ind. 498, 502, 386 N.E.2d 1198, 1201 (1979) (victim, age 74, died of arrhythmia following robbery in which he was knocked to the floor and "mauled"). In Palmer, we upheld the felony murder conviction based upon the fatal shooting of the defendant's co-perpetrator by a correctional officer during a kidnapping. Holding that the...

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249 practice notes
  • State v. Sophophone, No. 82,647.
    • United States
    • United States State Supreme Court of Kansas
    • March 9, 2001
    ...v. Dekens, 182 Ill.2d 247, 252, 695 N.E.2d 474 (1998) (Illinois follows the proximate cause theory of felony murder); Jenkins v. State, 726 N.E.2d 268, 269-70 (Ind. 2000) (holding that Indiana felony-murder statute does not require the victim to be "innocent" and that defendant could be con......
  • Dunlap v. State, No. 49S00-0002-CR-104.
    • United States
    • Indiana Supreme Court of Indiana
    • January 29, 2002
    ...we conclude that no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Jenkins v. State, 726 N.E.2d 268, 270 (Ind.2000); Webster v. State, 699 N.E.2d 266, 268 (Ind.1998); Hodge v. State, 688 N.E.2d 1246, 1247-48 (Ind.1997). "A person engages in con......
  • Morgan v. State, No. 49S02–1405–CR–00325.
    • United States
    • Indiana Supreme Court of Indiana
    • December 18, 2014
    ...fact-finder could find the elements of the crime proven beyond a reasonable doubt.” Lock, 971 N.E.2d at 74 (quoting Jenkins v. State, 726 N.E.2d 268, 270 (Ind.2000) ) (internal quotations omitted).I. Constitutionality of Indiana's Public Intoxication Statute Morgan has specifically challeng......
  • Powell v. State, No. 02A03-0906-CR-241.
    • United States
    • Indiana Court of Appeals of Indiana
    • September 8, 2009
    ...`"no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt.'" Id. (quoting Jenkins v. State, 726 N.E.2d 268, 270 (Ind.2000)). It is not necessary that the evidence overcome every reasonable hypothesis of innocence. Id. at 147. The evidence is sufficien......
  • Request a trial to view additional results
249 cases
  • State v. Sophophone, No. 82,647.
    • United States
    • United States State Supreme Court of Kansas
    • March 9, 2001
    ...v. Dekens, 182 Ill.2d 247, 252, 695 N.E.2d 474 (1998) (Illinois follows the proximate cause theory of felony murder); Jenkins v. State, 726 N.E.2d 268, 269-70 (Ind. 2000) (holding that Indiana felony-murder statute does not require the victim to be "innocent" and that defendant could be con......
  • Dunlap v. State, No. 49S00-0002-CR-104.
    • United States
    • Indiana Supreme Court of Indiana
    • January 29, 2002
    ...we conclude that no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. Jenkins v. State, 726 N.E.2d 268, 270 (Ind.2000); Webster v. State, 699 N.E.2d 266, 268 (Ind.1998); Hodge v. State, 688 N.E.2d 1246, 1247-48 (Ind.1997). "A person engages in con......
  • Morgan v. State, No. 49S02–1405–CR–00325.
    • United States
    • Indiana Supreme Court of Indiana
    • December 18, 2014
    ...fact-finder could find the elements of the crime proven beyond a reasonable doubt.” Lock, 971 N.E.2d at 74 (quoting Jenkins v. State, 726 N.E.2d 268, 270 (Ind.2000) ) (internal quotations omitted).I. Constitutionality of Indiana's Public Intoxication Statute Morgan has specifically challeng......
  • Powell v. State, No. 02A03-0906-CR-241.
    • United States
    • Indiana Court of Appeals of Indiana
    • September 8, 2009
    ...`"no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt.'" Id. (quoting Jenkins v. State, 726 N.E.2d 268, 270 (Ind.2000)). It is not necessary that the evidence overcome every reasonable hypothesis of innocence. Id. at 147. The evidence is sufficien......
  • Request a trial to view additional results

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