· 2/15/2017
in Re Elaine T. Marshall, as of the Estate of E. Pierce Marshall, Elaine T. Marshall, Individually, and Elaine T. Marshall, as Trustee of the EPM Marital Income Trust
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there was evidence sufficient to establish Jonathon Barthalow’s intent to cause moderate to serious bodily injury to Joshua where Jonathan and his brother broke into the duplex, went upstairs, attacked Joshua, and attempted to throw him out the window
- holding jury could infer from common sense the meaning of “bodily injury” and trial court did not commit fundamental error by not defining that term
- reviewing the sufficiency of the evidence supporting Barthalow’s intent to commit felony battery and infliction of mere bodily injury for purposes of a Level 3 felony burglary conviction
- failure to include the definition of “bodily injury” in jury instructions was not fundamental error in light of all relevant information given to the jury
- no fundamental error where trial court did not provide instruction with definition of “bodily injury” where State, in closing argument, explained the key difference between Level 2 and Level 3 burglary
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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