This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.

In the early morning of August 21, 2020, Courtney Moss (Defendant) was at Bugsy’s Bar in Gary with several others, including Myles Thomas, Willie Jones, and Roy Atkins.  Rayvon Harris (Victim) approached the group in the parking lot and spoke with Thomas.  Victim and Thomas then walked across the street to a gas station, and the others followed.  Moss, Thomas, and Atkins were each armed with guns.  Victim was not.

Inside the gas station, Thomas and Victim argued and then Jones and Thomas began beating Victim, who fell to the floor.  Thomas dropped his gun, and Victim unsuccessfully struggled for it.  Jones was shot in the leg during the melee, and as he began to flee, Defendant stood over Victim and fired his gun at Victim multiple times.  Atkins also joined in on the shooting.  Victim died at the scene after suffering seven gunshot wounds, four of which were fatal or potentially fatal.  Four shell casings recovered from the scene matched the gun used by Defendant.

Following a jury trial, Defendant was convicted of murder.  On appeal, Defendant contends that (1) the trial court abused its discretion by refusing to instruct the jury on the offense of aggravated battery; (2) the State failed to present sufficient evidence that Defendant fired any of the fatal shots or otherwise accelerated Defendant’s death; and (3) the trial court abused its discretion by admitting, over Defendant's Ind. Evidence Rule 403 objection, a photograph of him handcuffed in the backseat of a police vehicle.

The scheduled panelists are Chief Judge Altice, Judge Weissmann, and Judge Foley.