Indiana Supreme Court

Desmond Turner, Appellant (defendant Below) v. State of Indiana, Appellee (plaintiff Below)

September 28, 20112011 Ind. LEXIS 858

Summary

The court affirmed Turner's convictions and sentence, holding that the trial court properly admitted the firearms tool-mark testimony, the challenged other-acts evidence, and testimony explaining an absent witness's unavailability. Although the court found that testimony relaying Turner's mother's statement was inadmissible hearsay, it held the error harmless because substantial independent evidence supported the convictions. The court also rejected Turner's sufficiency challenge because the evidence identifying him as a perpetrator or accomplice was sufficient and did not satisfy the narrow incredible-dubiosity rule.