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[APPEALS] Martin v. State

By Courts

Tuesday, November 30, 2021 1:30pm to 2:10pm

Pike Central High School View map

1810 E. State Road 56, Petersburg, IN 46567

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Due to the COVID-19 pandemic, masks must be worn during the entirety of the Oral Argument.  A recording of this event will be posted after the event at Oral Arguments Online.

The State alleged that Rhett Martin and Duane Muse went to Dan Riegle’s house in the early morning hours of December 6, 2019, shot Riegle because he had allegedly installed a secret camera in the bathroom of Martin’s girlfriend’s house to spy on Martin’s girlfriend’s daughter, and set fire to Riegle’s house.  The State charged Martin with murder, two counts of felony murder, and arson, and the State separately charged Muse with similar crimes.  Martin subpoenaed Muse to testify.  Outside the presence of the jury, Muse’s attorney stated that, if Muse was called to testify, he would invoke his 5th Amendment right against self-incrimination.  Martin still desired to call Muse to testify in front of the jury, but the trial court denied Martin’s request.  The jury found Martin guilty on all counts.  On appeal, Martin asserts (1) his right to present a defense was violated when he was prevented from calling his accomplice to the stand to either testify or invoke his right against self-incrimination; (2) the record should be corrected to reflect that the convictions for felony murder were vacated with the entry of a conviction and sentence for murder; (3) the evidence was insufficient to sustain his convictions for murder and arson; and (4) his sentence is inappropriate in light of the nature of the offenses and his character.

The scheduled panel members are Judges Bailey, Brown and Weissmann.

 

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