Justin Cherry v. State of Indiana

── Justin Cherry v. State of Indiana ── Case No.: 19A-CR-02273 Court: Indiana Court of Appeals Date: April 03, 2020 Author: Judge Robert Altice County of Origin: Putnam Category: Criminal Decision: Affirmed Judge Robb and Judge Bradford concur The facts, as reported in Cherry’s first direct appeal to this court, are as follows: Around 4 a.m. on April 2, 2017, Terry McCarter heard a loud noise toward the front of his house. Terry and his wife, Patsy McCarter, were in bed at the time. Upon hearing the noise, Terry went to investigate. Terry was confronted in his dining room by a masked man with a gun. The man ordered Terry to lay face down on the floor. Three more men came into the house, and one of them held Terry at gunpoint.