Ismat Bano Siddiqi v. Review Board Indiana

Defendant-appellant Mikco Steven Ball was charged by information in Hamilton Circuit Court with three counts of first degree murder. Ind. Code § 35-13-4-1 (Burns 1975). The information alleged that Ball purposely and with premeditated malice killed Eugene Lillico, Rick Burke and Steven Nichter. After a change of venue to Jefferson County, appellant Ball pleaded not guilty to each count and was tried to a jury. The jury convicted Ball of second degree murder for each of the three killings. See Ind. Code § 35-1-54-1 (Burns 1975). The trial court subsequently sentenced him to three life terms. Ball raises four issues for our consideration on this appeal, concerning: (1) whether the trial court erred in allowing testimony from a clergyman; (2) whether the trial court erroneously admitted into evidence certain confessions given by Ball; (3) whether the trial court erred in giving final instruction number 28A to the jury; and (4) whether the evidence was sufficient to sustain the convictions.