“[I]n addition to instructing the jury (correctly) on the elements of attempted murder under a theory of direct liability, the trial court gave an accomplice liability instruction that . . . failed to set forth that an accomplice must have the specific intent to kill when he or she knowingly or intentionally aids, induces, or causes another to attempt to commit murder”; the error was fundamental due both to the general verdict form which did not indicate whether the conviction was based on the direct attempt theory or the accomplice theory and to the State’s repeated erroneous assertions that specific intent to kill was not required for accomplice liability.
S. David
Morgan v. State, No. 49S02-1405-CR-00325, __ N.E.3d __ (Ind., Dec. 18, 2014).
“[W]e uphold the constitutionality of Indiana’s public intoxication statute, Ind. Code § 7.1-5-1-3, by reading a reasonableness standard into ‘annoys.’”
In re B.C.H., No. 41S04-1408-AD-515, __ N.E.3d __ (Ind., Dec. 23, 2014).
Grandparents had “lawful custody” of child and should have been given notice of adoption proceedings and an opportunity to withhold consent to child’s adoption.
Parks v. State, No. 79S04-1412-CR-730, __ N.E.3d __ (Ind., Dec. 10, 2014).
Acting pursuant to Appellate Rule 7(B), revises 40 year dealing in methamphetamine sentence to 30 years.
Logan v. State, No. 20S05-1405-CR-339, __ N.E.3d __ (Ind., Sept. 24, 2014).
Although the trial court technically complied with Criminal Rule 4(C), defendant’s 1,291 delay violated his constitutional right to a speedy trial.