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.

Blackburn v. State

Court of Appeals of Indiana

August 19, 2019

Edward Blackburn, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

          Appeal from the Starke Circuit Court The Honorable Kim Hall, Judge Trial Court Cause No. 75C01-1703-MR-2.

          Attorneys for Appellant Adam C. Squiller, John M. Haecker Auburn, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

          Altice, Judge.

         Case Summary

         [¶1] Edward Blackburn appeals his murder conviction. He raises two issues on appeal:

I. Whether the trial court erred in denying his motion to continue the jury trial based on the absence of a witness; and
II. Whether the trial court abused its discretion in refusing to instruct the jury on the alleged lesser included offense of involuntary manslaughter.

         [¶2] We affirm.

         Facts and Procedural History

         [¶3] On March 3, 2017, Blackburn was driving his girlfriend of around two months, Augusta Hadden, home. Raymond Higdon and his fiancée Terri Fields were driving in the opposite direction to drop off their friend Cord Colgrove after spending the entire day together. Higdon was driving, with Colgrove in the passenger seat and Fields between them. As the vehicles passed each other, Colgrove spotted Hadden in the red truck Blackburn was driving. He told Higdon, "Hey, there's Gus. Turn around." Transcript Vol. 3 at 147. "Gus" referred to Hadden, Colgrove's ex-girlfriend.

         [¶4] Hadden and Colgrove had dated on and off for five years, but Hadden had recently broken up with him. Since then, Colgrove had called and texted Hadden numerous times, threatening her new boyfriend and begging her to take him back.[1] Hadden responded infrequently, only to tell Colgrove to leave her alone. She tried unsuccessfully to block Colgrove's number, and around February 9, she got a new phone instead.

         [¶5] Neither Higdon nor Fields recognized the red truck. Nor could they identify its occupants at the time. Nevertheless, Higdon stopped in the middle of the road, turned his truck around, and followed Blackburn's truck, speeding up to keep up with it. Both cars went through a stop sign. A few minutes later, the red truck turned down a residential lane before stopping in a grassy area. Higdon pulled up on the red truck's driver's side.

         [¶6] In the passenger's seat, Colgrove handed his cell phone and wallet to Higdon saying, "Just in case anything happens." Transcript Vol. 4 at 10. Higdon said, "Man, don't be a retard." Id. Colgrove assured him that he was "just ...


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.