Flynn v. State

ON PETITION TO TRANSFER

SHEPARD, Justice.

This case requires us to decide whether it is an abuse of discretion for a trial judge to refuse a defendant's request to reopen his case after having already rested. The Court of Appeals concluded that the facts of this case demonstrated an abuse of discretion and vacated appellant Robert Flynn's conviction for robbery while armed with a deadly weapon. Flynn v. State (1986), Ind.App., 488 N.E.2d 735 (Conover, J., dissenting). We hold that the trial judge did not abuse her discretion and grant transfer to affirm the trial court.

Flynn was charged with…