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FLYNN v. STATE

No. 49S02-8609-CR-827.

497 N.E.2d 912 (1986)

Robert FLYNN a/k/a Keith Brizzie, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Dissenting Opinion September 22, 1986.

Attorney(s) appearing for the Case

Kenneth T. Roberts, Kenneth T. Roberts & Associates, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION TO TRANSFER

SHEPARD, Justice.

This case requires us to decide whether it is an abuse of discretion for a trial judge to refuse a defendant's request to reopen his case after having already rested. The Court of Appeals concluded that the facts of this case demonstrated an abuse of discretion and vacated appellant Robert Flynn's conviction for robbery while armed with a deadly weapon. Flynn v. State (1986), Ind. App., 488...

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