KELLEY v. STATE

No. 48S04-9006-CR-385.

555 N.E.2d 140 (1990)

Michael P. KELLEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 7, 1990.


Attorney(s) appearing for the Case

John M. Eisele, Schuyler, Eisele & Lockwood, Anderson, for appellant.

Linley E. Pearson, Atty. Gen., Wendy Stone Messer, Deputy Atty. Gen., Indianapolis, for appellee.


DICKSON, Justice.

The defendant-appellant Michael P. Kelley was convicted of theft, a Class D felony. The Court of Appeals affirmed the conviction in a non-published memorandum decision. 546 N.E.2d 1297 (Table).

The issue presented in this direct appeal is whether the trial court erred when it denied the defendant's motion for a mistrial following a recess in which jurors sat with the prosecuting witness during...

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