· 10/30/2012
Lisa J. Kane v. State of Indiana
Citations
- 976 N.E.2d 1228
- 2012 WL 5333408
- 2012 Ind. LEXIS 892
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when a challenged instruction is erroneous, “we presume the error affected the verdict, and we will reverse the defendant’s conviction ‘unless the verdict would have been the same under a proper instruction.’”
- holding defendant sufficiently preserved claim of instructional error where record revealed trial court had considered whether proposed instruction was a correct statement of the law
- declining to reach an appellate argument when ultimately resolving the appeal on other grounds
- finding objection was enough to show that trial judge considered whether instruction was an incorrect statement of law and to preserve for appeal an objection to the instruction on that ground
- party wishing to preserve instructional error on appeal must identify specific grounds for objection at trial, citing Ind. Crim. Rule 8(B) and Ind. Trial Rule 51(C)
Source: CourtListener parenthetical corpus (CC0).
Judges: Massa, Dickson, Rucker, David
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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