Mitchem v. State

PIVARNIK, Justice.

Defendant-Appellant John Mitchem was convicted of murder at the conclusion of a jury trial in the Marion County Superior Court. He was sentenced to forty (40) years. The following issues are raised on direct appeal:

1. Final Instruction No. 5;

2. rebuttal testimony of Ernest Simmons;

8. proposed testimony of Steven Hooks; and

4. whether the conviction is contrary to law.

The facts supporting the jury verdict reveal that Appellant was a member of the "3-0" gang in Indianapolis, and that the victim was a member of the rival "2-4" gang. There was a history of violence between, and…