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[SUPREME] Kenyatta Erkins and Ugbe Ojile v. State of Indiana, No. 58S01-1309-CR-586
Start Date: 2/13/2014Start Time: 10:30 AM
End Date: 2/13/2014End Time: 11:10 AM
Entry Description

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.

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    Courts, Indiana

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