James Edward Smith Eubanks v. State of Indiana

── James Edward Smith Eubanks v. State of Indiana ── Case No.: 22A-CR-01931 Court: Indiana Court of Appeals Date: August 07, 2023 Author: Judge Elizabeth Tavitas County of Origin: Grant Category: Criminal Decision: Affirmed Judge Bailey and Judge Foley concur In late May or early June of 2021, Jody Burnworth was evicted from his apartment in Marion, Indiana. Burnworth then began living in his pickup truck, which he parked behind the apartment complex where he previously lived. During this time, Burnworth met Eubanks when Eubanks asked Burnworth for a cigarette. On June 9, 2021, Eubanks approached Burnworth’s truck and angrily accused Burnworth of stealing Eubanks’s cell phone. Eubanks also threatened Burnworth with physical violence because of his belief that Burnworth had stolen the phone.