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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Apr 11 2008, 10:01 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: GREGORY BOWES Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ROBERT OLDHAM, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0709-CR-500

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Patricia Gifford, Judge Cause No. 49G04-0606-MR-106634

April 11, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

FRIEDLANDER, Judge

Robert Oldham was convicted of Voluntary Manslaughter, 1 as a class A felony, and Carrying a Handgun Without a License, 2 a class A misdemeanor. Upon appeal, Oldham argues that the trial court improperly admitted a recording and transcript of his statement to police, which he claims was taken in violation of his Miranda rights. We affirm. On the evening of June 9, 2006, Oldham and his second cousin, Antwon Davis, along with four other young men, were "hanging out" in the front yard of Oldham's mother's house when Oldham pulled out a gun and fired three to four shots into the air. Transcript at 21. Though this was something Oldham and the others had done before, everyone, except for Davis, ran away from Oldham. As the others ran away, Oldham yelled, "Y'all think it's a game. Ain't nobody playing". Id. at 45. Davis then confronted Oldham, saying "Nigger, quit playing. Put that gun down. You not gonna shoot me". Id. at 43. Davis added, "I swear on my mama you better not shoot me". Id. at 26. Oldham then turned his weapon toward Davis and, from a distance of approximately ten feet, fired two shots. The first shot missed, but the second shot hit Davis in the forehead and the bullet lodged in his brain. Davis fell to the ground and was pronounced dead at the scene. After Oldham was arrested, he was placed in an interview room and handcuffed to a wall. Shortly thereafter, Detective Jeffery Patterson and Detective Lesia Moore entered the room with a tape recorder. Detective Patterson informed Oldham that they wanted to
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Ind. Code Ann.

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