McCain v. State, 2020 Ind. App. LEXIS 2 (IN Ct. App. 2020) LOSD Summary: Defendant shot and killed a man, was charged with murder, and at trial claimed self-defense. At the close of the trial the defendant also requested a separate jury instruction on voluntary manslaughter. The jury convicted the defendant of the lesser offense […]
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Indiana Pattern Jury Instructions – Criminal CHAPTER 14 DEFINITIONS (effective for crimes committed July 1, 2014 or after, unless otherwise noted) Instruction No. 14.1400. Dwelling. I.C. 35-31.5-2-107. The term “dwelling” is defined by law as meaning a building, structure, or other enclosed space, permanent or temporary, movable or fixed, that is a person’s home or
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Indiana Pattern Jury Instructions – Criminal CHAPTER 14 DEFINITIONS (effective for crimes committed July 1, 2014 or after, unless otherwise noted) Instruction No. 14.0980. Curtilage. The term “curtilage” means the land, not necessarily fenced or enclosed, adjoining the dwelling house including buildings used in the conduct of family affairs and domestic purposes. In determining whether
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Indiana Pattern Jury Instructions – Criminal CHAPTER 10 DEFENSES RELATING TO CULPABILITY (effective for crimes committed June 30, 2014 or before) Instruction No. 10.03C. Use of Force to Protect Property. I.C. 35-41-3-2. It is an issue whether the Defendant acted in defense of his/her property. [With respect to property other than (a dwelling), (the land
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Indiana Pattern Jury Instructions – Criminal CHAPTER 10 DEFENSES RELATING TO CULPABILITY (effective for crimes committed June 30, 2014 or before) Instruction No. 10.03B. Use of Force to Protect Dwelling. I.C. 35-41-3-2. It is an issue whether the Defendant acted in defense of his/her dwelling (or adjoining property). A person may use reasonable force, including
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35-42-2-2. Criminal recklessness — Exemption from liability resulting from hazing reports. (a) A person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness. Except as provided in subsection (b), criminal recklessness is a Class B misdemeanor. (b) The offense of criminal recklessness
§35-42-1-1. Murder. A person who: (1) knowingly or intentionally kills another human being; (2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct (under IC 35-42-4-2 before its repeal), kidnapping, rape, robbery, human trafficking, promotion of human labor trafficking, promotion of human sexual trafficking,
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Smith v. State, 777 N.E.2d 32 (IN Ct. App. 2002) Court of Appeals of Indiana, Fifth District October 22, 2002, Decided No. 49A05-0103-CR-127 777 N.E.2d 32 | 2002 Ind. App. LEXIS 1710 Counsel: ATTORNEY FOR APPELLANT: TERESA D. HARPER, Bloomington, Indiana. ATTORNEYS FOR APPELLEE: STEVE CARTER, Attorney General of Indiana, CECELIA K. HEMPHILL, Deputy Attorney
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Indiana Statutes Annotated Title 35 Criminal Law and Procedure (Arts. 1 — 52) Article 31.5 Definitions (Chs. 1 — 2) Chapter 2 Definitions (§§ 35-31.5-2-1 — 35-31.5-2-357) 35-31.5-2-292. Serious bodily injury. “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes: (1) serious permanent disfigurement; (2) unconsciousness; (3) extreme
IN 35-31.5-2-292. Serious bodily injury. Read More »
Indiana Statutes Annotated Title 35 Criminal Law and Procedure (Arts. 1 — 52) Article 31.5 Definitions (Chs. 1 — 2) Chapter 2 Definitions (§§ 35-31.5-2-1 — 35-31.5-2-357) 35-31.5-2-204.5. Moderate bodily injury. “Moderate bodily injury” means any impairment of physical condition that includes substantial pain. [230615]
IN 35-31.5-2-204.5. Moderate bodily injury. Read More »
