B.M.P. v. State

NEAL, Judge.

STATEMENT OF THE CASE

Respondent-juvenile appellant B.M.P. appeals a finding of delinquency by the Greene Circuit Court, Juvenile Division, for the commission of the offenses of robbery and theft.

We reverse.

ISSUES

B.M.P. presents three issues which we restate:

I. Misapplication of the Patterson rule;

II. Denial of compulsory process; and

III. Newly discovered evidence.

Since we reverse we will only address Issue I.

DISCUSSION AND DECISION

Issue I. Patterson rule

At the time of the trial, Stalcup was serving a four year sentence in the West-ville Correctional Facility from an unap-pealed…