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.
M. Barnes
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.
Brown v. Lunsford, No. 82A04-1602-JP-357, __N.E.3d__ (Ind. Ct. App., Nov. 9, 2016).
The case granting visitation to a non-biological parent in a same sex relationship (A.C. v. N.J.) does not extend to other third-party requests for visitation.
State v. Timbs, No. 27A04-1511-MI-1976, __ N.E.3d __ (Ind. Ct. App., Oct. 20, 2016).
Forfeiture of a vehicle worth four times the amount of the maximum fine of the crime was excessive.
Cline v. State, 38A04-1512-XP-2221, __ N.E.3d ___ (Ind. Ct. App., August 15, 2016).
Although a trial court has discretion in granting or denying an expungement petition, it does not extend to a disregard of remedial measures enacted by our lawmakers. Such statutes should be liberally construed to advance the remedy for which they were enacted.