Attempted stalking, unlike the completed crime, does not require proof that the defendant’s conduct “actually causes the victim to feel terrorized, frightened, intimidated, or threatened.”
Criminal
Townsend v. State, No. 02A03-1503-CR-90, ___ N.E.3d ___ (Ind. Ct. App. Nov. 5, 2015).
Jury’s rejection of insanity defense was not contrary to law, when there was evidence that defendant’s mental state was due to voluntary intoxication rather than mental disease or defect.
Lee v. State, No. 49S02-1511-CR-638, ___ N.E.3d ___ (Ind. Nov. 5, 2015).
Charging information for conspiracy to commit murder by shooting the victim did not give defendant fair notice of lesser-included battery offenses based on beating the victim.
Moore v. State, No. 29A02-1507-CR-866, ___ N.E.3d ___ (Ind. Ct. App. Nov. 6, 2015).
Evidence was sufficient to convict defendant of failure to register as a sex offender, even though he had moved to Kentucky and was no longer an Indiana resident, because as under I.C. § 11-8-8-17(a)(5) provides, he had knowingly ceased to reside at the Indiana address he had previously registered.
Williams v. State, No. 48S05-1507-CR-424, ___ N.E.3d ___ (Ind. Oct. 26, 2015).
Officer’s testimony that “there’s zero doubt in my mind that this was a transaction for cocaine” was an opinion on the ultimate issue of guilt in violation of Ind. Evidence Rule 704(b), but was harmless error.