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RAY v. STATE

No. 31A01-0407-CR-329.

838 N.E.2d 480 (2005)

Joseph RAY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied February 2, 2006.

Attorney(s) appearing for the Case

Matthew Jon McGovern, Evansville, for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

SHARPNACK, Judge.

Joseph Ray appeals his conviction for battery resulting in death as a class A felony.1 Ray raises three issues, which we revise and restate as:

I. Whether the trial court abused its discretion by denying Ray's motion for mistrial based on the prosecutor's violation of a witness separation order; II. Whether the trial court erred by refusing to instruct the jury on the State's failure...

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