Sharp v. State
Annotate this CaseThe State charged eighteen-year-old Anthony Sharp, sixteen-year-old Blake Layman, and seventeen-year-old Levi Sparks with felony murder in the perpetration of a burglary. The jury found each defendant guilty as charged. On appeal, Sharp argued that the felony murder statute was incorrectly applied in this case, citing in support of his argument the Court’s opinion in Palmer v. State and arguing that the facts here were distinguishable. The Court of Appeals rejected Sharp’s attempt to distinguish the facts in this case from those in Palmer and ruled that there was no error in the application of the felony-murder statute to the facts of this case. The Supreme Court granted transfer, thereby vacating the Court of Appeals’ opinion. On transfer, Sharp argued that the precedent of Palmer and the application of the felony murder statute were in need of reconsideration. The Supreme Court reversed, holding (1) Palmer and its progeny continue to be valid, but the facts in those cases are significantly different from the facts here; and (2) because the Court reversed the felony murder convictions of both Layman and Sparks, and because Sharp is identically situated, his conviction for felony murder is reversed as well. Remanded for further proceedings.
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