JEFFERY R. BUCKLEY v. State of Indiana

── JEFFERY R. BUCKLEY v. State of Indiana ── Case No.: 19A-CR-01028 Court: Indiana Court of Appeals Date: April 20, 2020 Author: Judge Robert Altice County of Origin: Marion Category: Criminal Decision: Reversed and Remanded Judge Robb and Judge Tavitas concur Case Summary Following a jury trial, Jeffery Buckley was convicted of murder and sentenced to sixty years in the Department of Correction (the DOC). On appeal, Buckley presents two issues for our review, one of which we find dispositive: Did the trial court abuse its discretion in refusing to give Buckley’s proposed jury instruction on reckless homicide as a lesser included offense? We reverse and remand. Facts & Procedural History On September 30, 2017, Kirk Shurill attended the funeral, burial, and repass dinner for a friend.