Bailey v. State

Jimmy Bailey (“Defendant”) was convicted of conspiracy to commit robbery, a class B felony, 1 robbery resulting in serious bodily injury, a class A felony, 2 and felony murder 3 for his role in the December 27, 1996 killing of Annie Fulford and the robbery of Michael Fulford’s house trailer. The trial judge entered a judgment notwithstanding the verdict (j.n.o.v.) with regard to the robbery conviction, concluding that the double jeopardy clause of the federal and Indiana constitutions prohibited entry of a verdict on both the robbery and felony murder charges. The trial court further ordered…