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Robertson v. State

Court of Appeals of Indiana

May 28, 2014

TYRECE ROBERTSON, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Barbara Cook Crawford, Judge. Cause No. 49F09-1204-FD-26097.

ATTORNEY FOR APPELLANT: DEBORAH MARKISOHN, Marion County Public Defender Agency, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; CHANDRA K. HEIN, Deputy Attorney General, Indianapolis, Indiana.

BAILEY, Judge. KIRSCH, J., and MAY, J., concur.

OPINION

Page 766

BAILEY, Judge.

Case Summary

Tyrece Robertson (" Robertson" ) was convicted of Attempted Residential Entry, as a Class D felony,[1] and Criminal Mischief, as a Class B misdemeanor.[2] He now appeals.

We reverse.

Issue

Robertson raises one issue for our review: whether the trial court erred when it overruled his Batson challenge contesting the State's use of a peremptory challenge to strike a juror.

Facts and Procedural History

Around 2 a.m. on April 20, 2012, Steven Cargill (" Cargill" ) was in his apartment in Indianapolis when he heard someone banging on his door loud enough to wake him up from sleep at the opposite end of the

Page 767

apartment. Cargill twice went to his door to look through the peephole; both times, no one was visible. Cargill then noticed someone in the parking lot near his apartment patio using a flashlight to look inside the parked cars.

The knocking began a third time. This time, when Cargill went to the door, he saw two individuals--one of whom would later be identified as Robertson--at his door, and he saw Robertson trying to " mule kick" the door open. Cargill grabbed his cell phone, called 911, and braced his back against the ...


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