Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ivy v. State

Court of Appeals of Indiana

April 4, 2018

Edward Ivy, Appellant-Petitioner,
v.
State of Indiana, Appellee-Respondent

          Appeal from the Vanderburgh Superior Court The Honorable Robert J. Pigman, Judge Trial Court Cause No. 82D03-1503-PC-1540

          ATTORNEYS FOR APPELLANT Stephen T. Owens Public Defender of Indiana Jonathan O. Chenoweth Deputy Public Defender Indianapolis, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Monika Prekopa Talbot Deputy Attorney General Indianapolis, Indiana

          BAKER, JUDGE.

         [¶1] Edward Ivy appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court should have found that he received the ineffective assistance of both trial and appellate counsel. Finding that Ivy received the ineffective assistance of trial counsel, we vacate his attempted murder conviction, reverse, and remand for further proceedings.

         Facts

         [¶2] The underlying facts, as described by this Court in Ivy's direct appeal, are as follows:

On October 28, 2013, Jerald Clark was at home watching football with his friend, Robert Drake, when someone knocked on his front door. When Clark asked who it was, Ivy identified himself. Clark opened the door and let in Ivy and Antwain Russell, both of whom Clark had known for approximately one year. Clark sat down with his back toward Ivy and Russell, and began texting on his phone. Russell then approached Clark from behind and stabbed him with a knife. Russell told Clark, "you are going to leave my brother alone: Bitch I killed you this time you MF, you're a dead MF." Tr. at 18. Russell stabbed Clark multiple times. When Drake tried to stand up to help, Ivy pointed a gun at the back of his head and said, "[D]on't move." Id. at 199. Clark managed to push Russell aside and escape the residence. Ivy and Russell fled through the back door of the residence and chased after Clark. Clark made it to a neighbor's residence. The neighbor observed that blood was "pouring" and "squirting" out of Clark's neck, and "gushing" out of his arm and his back. Id. at 69-70. The neighbor called 911. When Clark arrived at the hospital, he was gray, unresponsive, and had no pulse. Emergency room personnel revived Clark with chest compressions. While at the hospital, Clark lost vital signs on at least one other occasion and had to be revived again.
Clark underwent surgery and remained in the hospital for approximately two and one-half weeks.
The State charged Ivy with class A felony attempted murder and class C felony intimidation. The State also charged Ivy with being a habitual offender. A jury trial was held on February 18 and 19, 2014.

Ivy v. State, No. 82A01-1404-CR-175, at *1 (Ind.Ct.App. Oct. 10, 2014). At trial, Ivy conceded that Russell had tried to kill Clark and that Ivy may have aided Russell by holding the gun on Drake, but argued that Ivy had not acted with the requisite culpability to be found guilty of attempted murder as an accomplice.

         [¶3] When instructing the jury prior to deliberation, the trial court gave two instructions that are relevant to this appeal. Final Instruction Three stated as follows:

The Crime charged in Count I, Attempted Murder, is defined by statute as follows:
A person attempts to commit a murder when, acting with the specific intent to kill another person, he engages in conduct that constitutes a substantial step toward killing that person.
Before you may convict the Defendant the State must have proved each of the following elements beyond a reasonable doubt:
The Defendant:
1. Acting with the specific intent to kill Jerald Clark, Jr.
2. Did attempt the crime of Murder by knowingly stab [sic] Jerald Clark, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.