Kelley v. State

DICKSON, Justice.

The defendant-appellant Michael P. Kel ley was convicted of theft, a Class D felony. The Court of Appeals affirmed the conviction in a non-published memorandum decision. 546 N.E.2d 1297 (Table).

The issue presented in this direct appeal is whether the trial court erred when it denied the defendant's motion for a mistrial following a recess in which jurors sat with the prosecuting witness during lunch.

The criminal charge was filed against the defendant after a retail store security guard observed Kelley leave the store. Believing he left without paying for merchandise, the…