· 8/22/2016
David Heber v. Indianapolis Metropolitan Police Department, and City of Indianapolis Office of Corporation Counsel
Citations
- 58 N.E.3d 995
- 2016 Ind. App. LEXIS 306
- 2016 WL 4426376
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying the definition in section 702.13 to the phrase “participating in a forcible felony” in section 707.2(2)
- upholding the conviction because substantial evidence supported a jury finding that head trauma and asphyxia were caused by separate acts
- explaining “[i]f the acts of blunt-force trauma were also a factual cause of death, felony murder applies in this case because a 10 separate act of asphyxia was also a factual cause
- upholding the submission of a felony-murder instruction in a case involving multiple assaults
- “The conduct of a defendant is a ‘factual cause of harm when the harm would not have occurred absent the conduct.’” (citation omitted)
- “The first act must relate to an element of the predicate felony, while the second independent act must kill another person.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Barnes, Riley, Bailey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.