Antonio M. Merritt v. State of Indiana

Najam, Judge.

[1] Antonio M. Merritt appeals his conviction for murder, a felony, following a jury trial, and his adjudication as a habitual offender. Merritt's conviction followed his second jury trial. At his first trial, one witness testified that she witnessed Merritt murder the victim, and another witness testified that he observed Merritt shortly after the murder with the murder weapon, but the jury resulted in a hung verdict. At his second trial, those two witnesses could not be located and did not appear to testify. As a result, the trial court permitted, without objection, their…