Defendant is entitled to a new trial when the trial court as fact finder applies the incorrect standard of a “knowing” mens rea rather than “specific intent to kill” in deciding conviction for attempted murder.
Criminal
Beville v. State, No. 84S01-1606-CR-347, __ N.E.3d __ (Ind., March 17, 2017).
The State has the burden of proving the essential elements of an informer’s privilege before the burden shifts to the defendant to prove an exception to that privilege.
Langdon v. State, No. 49A02-1606-CR-1470, __ N.E.3d __ (Ind. Ct. App., March 10, 2017).
There is no statutory basis to impose a second supplemental public defender fee.
Hampton v. State, No. 88A04-1608-CR-1862, __ N.E.3d __ (Ind. Ct. App., March 13, 2017).
Even when the parties enter an agreement removing the Court’s authority to change its terms, the trial court must consider a probationer’s violations and determine appropriate sanctions.
Albee v. State, No. 79A02-1606-CR-1266, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2017).
Retrial would not offend double jeopardy principles, if the evidence as a whole was sufficient to support convictions even though defendant’s pre-trial identification was unreliable.