Shaffer v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted, after trial by jury, of Inducing Murder, Ind. Code § 85-41-24; § 85-42-1-1 (Burns 1979), and sentenced to sixty (60) years imprisonment. This direct appeal presents an issue which compels us to grant a new trial.

The jury commenced deliberations at 11:15 a.m. At 2:80 p.m. it requested to hear the tapes. of the testimony of witnesses, Harold Claiborne, the Defendant, Milton Patterson, and Kevin Stoner. Over an appropriate objection by Defendant, the trial court, relying on Ortiz v. State, (1976) 265 Ind. 549, 564-65, 356 N.E.2d 1188, 1197,…