Ferrell v. State

Summary

The Indiana Supreme Court held that sufficient evidence supported Craig Ferrell’s convictions for murder and attempted robbery because the jury could credit an accomplice’s testimony despite inconsistencies with other evidence. The court declined to apply the incredible dubiosity rule. It reversed the criminal gang activity conviction because the State failed to prove active gang membership and a specific intent to further the gang’s criminal goals, while affirming the remaining convictions.

Holdings

1. The evidence was sufficient to support Ferrell's murder and attempted-robbery convictions because Thompson's testimony, although inconsistent in some respects with other evidence, was not inherently contradictory, equivocal, or coerced, and the jury was entitled to credit it.
2. The evidence was insufficient to support the criminal-gang-activity conviction because the State showed, at most, that Ferrell was affiliated with a gang that committed criminal offenses; it did not prove active membership or specific intent to further the gang's criminal goals.

Questions Presented

1. Whether the evidence was sufficient to support Ferrell's murder conviction despite alleged inconsistencies and credibility problems in Thompson's testimony.
2. Whether the evidence was sufficient to support Ferrell's attempted-robbery conviction.
3. Whether the evidence was sufficient to support Ferrell's criminal-gang-activity conviction when the State showed gang affiliation but did not show active membership or specific intent to further the gang's criminal goals.

Disposition

reversed