Barnett v. State

OPINION

KIRSCH, Judge.

Ralph Barnett appeals his conviction for voluntary manslaughter, 1 a Class A felony. Barnett raises two issues on appeal, one of which is dispositive: whether the trial court erred in denying his Motion to Dismiss.

We reverse.

FACTS AND PROCEDURAL HISTORY

On January 26, 1993, while incarcerated at the Pendleton Correctional Facility (the Facility) in Madison County, Indiana, Barnett got into a physical confrontation with fellow inmate, Ricky Combs. Combs was housed two cells over from Barnett in the G cellblock of the Facility. The fight began when the inmates were released…