Indiana Court of Appeals oral arguments to be at Martinsville High School
The Court of Appeals of Indiana's civics education outreach program, Appeals on Wheels,is coming to Martinsville High School, 1360 E. Gray St., on May 18, 2023 at 10:30 a.m.A panel of judges will hear live, in-person arguments in Birk v. State, according to a press release.
Case synopsis: Sabrina Reynolds met Darius Birk through mutual friends and the two became friends then started dating. On March 13, 2021, the two of them got into an argument about money. \The argument escalated and Birk shot Reynolds in the face. Johnson county’s 911 dispatch system received multiple calls reporting the same shooting incident involving Birk and Reynolds. Greenwood Police officers responded to the 911 calls and arrested Birk.
The State charged Birk with: Count 1 aggravated battery causing serious permanent disfigurement, as a Level 3 felony; Count 2 pointing a firearm at another, as a Level 6 felony; Count 3 carrying a handgun without a license, as a Class A misdemeanor; and Count 4 attempted murder, as a Level 1 felony. The jury returned guilty verdicts on all counts and Birk was sentenced to an aggregate term of 35 years of imprisonment. Birk claims the court violated his Sixth Amendment right to confrontation and cross-examination and his right to present a defense by limiting testimony regarding certain witnesses’ racial attitudes. Birk also claims that the court’s jury instruction regarding “intent” was misleading, prejudicial, and impermissibly relieved the State from its burden of proof.
Judges are L. Mark Bailey, Melissa S. May and Peter R. Foley. The event is open to the public and the audience will have a chance to ask the judges questions about the judiciary following the argument; however, they are unable to speak about the specific case.
This article originally appeared on The Reporter Times: Indiana Court of Appeals to hear arguments at Martinsville High School
