Campbell v. State, 19A-CR-2414, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2020).
To file a belated habitual offender charge, the State must affirmatively demonstrate good cause.
Published by the Indiana Office of Court Services
To file a belated habitual offender charge, the State must affirmatively demonstrate good cause.
For the jury to receive an instruction on alleged lesser-included offense, the offense must either be an inherently or factually included offense to the principal charge and there must be a serious evidentiary dispute regarding the element that distinguishes the lesser offense from the principal charge. Moreover, a defendant must receive fair notice of the charge against which he must defend at trial.
Temple had a duty to protect its attendees when it had notice of present and specific circumstances that would cause a reasonable person to recognize the risk of an imminent criminal act, and had reason to recognize the probability or likelihood of looming harm on a special day of celebration.
A nonclaim statute may be tolled in cases of fraudulent concealment.
Statements to a witness in a pending action to “bow out” to not “lose anything in the end” is sufficient to sustain a conviction for attempted obstruction of justice.
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