WALKER v. STATE (2019)

Court of Appeals of Indiana.

Allan H. WALKER, Jr., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals Case No. 18A-CR-2305

Decided: August 08, 2019

Attorney for Appellant: Megan Shipley, Marion County Public Defender Agency, Appellate Division, Indianapolis, Indiana Attorneys for Appellee: Curtis T. Hill, Jr., Attorney General of Indiana, Caroline G. Templeton, Deputy Attorney General, Indianapolis, Indiana

MEMORANDUM DECISION ON REHEARING

[1] Allan Walker, Jr. (“Walker”) petitions for rehearing following our affirmation of his conviction for Murder. In relevant part, he asks that we strike the following language in Paragraph 21: “The two other men were never identified, raising an inference that Walker made no effort to implicate the shooter.” Because there was testimony that Walker provided police with a name (albeit one which did not lead to the identification of a shooter) and because the challenged reference may be seen as commentary upon Walker's exercise of his right to remain silent, we delete the objectionable language. In all other respects, we affirm our original opinion.

affirmed

Bailey, Judge.

Riley, J., and Pyle, J., concur.

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