Allan H. Walker, Jr. v. State of Indiana (mem. dec.) ( 2019 )

MEMORANDUM DECISION ON REHEARING Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Aug 08 2019, 8:03 am regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of Court of Appeals and Tax Court establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Megan Shipley Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General of Indiana Appellate Division Caroline G. Templeton Indianapolis, Indiana Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Allan H. Walker, Jr., August 8, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2305 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Mark D. Stoner, Appellee-Plaintiff. Judge Trial Court Cause No. 49G06-1705-MR-16621 Bailey, Judge. [1] Allan Walker, Jr. (“Walker”) petitions for rehearing following our affirmation of his conviction for Murder. In relevant part, he asks that we strike the Court of Appeals of Indiana |Memorandum Decision on Rehearing 18A-CR-2305 | August 8, 2019 Page 1 of 2 following language in Paragraph 21: “The two other men were never identified, raising an inference that Walker made no effort to implicate the shooter.” Because there was testimony that Walker provided police with a name (albeit one which did not lead to the identification of a shooter) and because the challenged reference may be seen as commentary upon Walker’s exercise of his right to remain silent, we delete the objectionable language. In all other respects, we affirm our original opinion. Riley, J., and Pyle, J., concur. Court of Appeals of Indiana |Memorandum Decision on Rehearing 18A-CR-2305 | August 8, 2019 Page 2 of 2