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· 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 CourtListener

Sourced 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.