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John Dell CARR
Indiana Supreme Court - Cause No.
73S00-9709-CR-487
John Dell Carr was convicted of the murder of Shirley
Sturgill and sentenced to sixty years imprisonment. In this direct
appeal he contends that (1) his right to be free from unreasonable
searches and seizures was violated when he was anesthetized for the
taking of dental impressions; (2) the trial court abused its discretion
in denying his Motion for Change of Venue; (3) there is insufficient
evidence to support his conviction and rebut his alibi defense; (4) the
trial court committed fundamental error in instructing the jury on
circumstantial evidence; (5) he is entitled to a new trial because of
jury misconduct; and (6) his trial counsel rendered ineffective
assistance. We affirm the judgment of the trial court.
In 1993 police had submitted cigarette butts found in
Sturgill’s apartment to the FBI for DNA analysis. A 1995 report
comparing DNA from saliva on one butt to Carr's concluded that the two
matched at five loci. The probability of two unrelated Caucasians with
this correlation was 1 in 4,500.