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Davis v. State

Court of Appeals of Indiana

March 5, 2014

LYNDON C. DAVIS, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE LAKE SUPERIOR COURT. The Honorable Clarence D. Murray, Judge. Cause No. 45G02-1107-MR-5.

ATTORNEYS FOR APPELLANT: BENJAMEN W. MURPHY, Law Office of Ben Murphy, Merrillville, Indiana; KEVIN MILNER, Crown Point, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, MICHAEL GENE WORDEN, Deputy Attorney General, Indianapolis, Indiana.

SHEPARD, Senior Judge. RILEY, J., and PYLE, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

SHEPARD, Senior Judge.

Lyndon Davis challenges the sufficiency of the evidence supporting his conviction of murder. We affirm.

FACTS AND PROCEDURAL HISTORY

Davis was involved with Terrell Wells and Philip Blake in a drug-dealing operation. Wells was the leader, with Blake under him, followed by Davis. On the side, Blake also worked with Parrish Myles.

Following a disagreement over the whereabouts of some drugs and/or drug money, Wells put a bounty on Myles. Davis met Wells at a park where they discussed the bounty. Davis, who resides in Chicago, then accompanied Wells and some other men to Griffith, Indiana where Myles lived. Wells took Davis to an apartment complex and showed him where Myles resided, all the while stressing that Myles needed to die.

Davis' uncle, Robert Davis (" Robert" ), did not know Myles, but Davis informed him of the bounty. Davis then rode with Robert to show him where Myles lived. Once there, Davis pointed out Myles' vehicle, and Robert parked nearby. Robert then retrieved a t-shirt and hat from the trunk of his car, and the two men sat in the car for several minutes. Myles emerged from his apartment with his two children and spoke to Davis and Robert before he began walking to his vehicle. At that point, Robert exited the car and shot Myles.

Davis then moved to the driver's seat, Robert jumped into the passenger seat, and they drove away. Once in the car, Robert changed his shirt and hat, presumably to change his appearance during the getaway. A police pursuit ensued, and Davis exited the car, taking Robert's discarded shirt and hat with him. ...


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