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Saturday, August 25, 2007

Ind. Decisions - "Appeals judge vacates charge: But won't affect man's time in jail"

Friday's Court of Appeals NFP decision in the case of Gerald A. Norrell v. State of Indiana is the subject of a story today by Kate Braser in the Evansville Courier & Press. Some quotes:

A judge with the Indiana Court of Appeals agreed in part with an appeal from an Evansville man convicted on charges that were based on accusations he bound his sleeping roommate at the wrists, beat her and nearly strangled her to death with an electrical cord.

A jury previously convicted 31-year-old Gerald Norrell of attempted murder, aggravated battery and criminal confinement in the July 30, 2005, attack on Jessica Conner, 22. * * *

However, the Sharpnack also agreed in part with Norrell, ruling the convictions were based on one continuous act, and therefore Norrell should not have been convicted separately for the same offense.

Explaining it was "impossible" to know which acts the jury based its convictions on, Sharpnack vacated Norrell's conviction for criminal confinement as a class D felony.

"We conclude there is reasonable possibility that the jury used the same evidence, the placing of an extension cord around (Conner's) neck, to establish the essential elements of both the attempted murder and criminal confinement convictions," Sharpnack said.

Vanderburgh County Prosecutor Stan Levco said Norrell was sentenced to serve his convictions concurrently, so the ruling won't alter the 30-year sentence. The appeal was the latest move in a case that suffered repeated delays during its course in the local courts.

Norrell's original defense attorney removed himself from the case after it was reported Norrell had shared plans to hire a hitman to kill the attorney. Before his sentencing, Norrell was admitted to the hospital after a suicide attempt.

Posted by Marcia Oddi on August 25, 2007 10:13 AM
Posted to Ind. App.Ct. Decisions