Indiana Supreme Court· 5/17/1991
Lynch v. State
Citations
- 571 N.E.2d 537
- 1991 WL 85891
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the lesser included instruction [on involuntary manslaughter] will be warranted only if there is a serious evidentiary dispute about what [defendant] intended to do — kill or batter”
- holding that involuntary manslaughter was a factually lesser included offense of murder where the killing was obviously accomplished with a touching, i.e., defendant \battered\ victim with a shooting
- concluding that there was a serious evidentia-ry dispute concerning whether the defendant intended to batter or to kill his father where the defendant fired one shot at his father, which entered his arm, and called police immediately after the shooting
- noting \Involuntary manslaughter ... contemplates an incidental killing that occurs during a battery\
- involuntary manslaughter was lesser included offense of murder charge where killing was obviously accomplished with a touching, i.e., defendant \battered\ victim with a shooting
- jury should have been instructed on involuntary manslaughter where fatal gunshot initially entered victim through the arm and the defendant testified that he intended only to injure the victim
Source: CourtListener parenthetical corpus (CC0).
Judges: Krahulik, Debruler, Dickson, Shepard, Givan
Read full opinion on CourtListenerCited by
33 cases in this archive cite this case; the 20 most cited are listed.
- Fisher v. StateIndiana Supreme Court· 2004-06-17· cited 377×
- Broome v. StateIndiana Court of Appeals· 1997-11-14· cited 354×
- Wright v. StateIndiana Supreme Court· 1995-11-17· cited 328×
- Wilson v. StateIndiana Supreme Court· 1998-07-17· cited 83×
- McEwen v. StateIndiana Supreme Court· 1998-04-30· cited 77×
- Champlain v. StateIndiana Supreme Court· 1997-06-13· cited 71×
- Heavrin v. StateIndiana Supreme Court· 1996-12-31· cited 66×
- Evans v. StateIndiana Supreme Court· 2000-05-04· cited 62×
- Dearman v. StateIndiana Supreme Court· 2001-03-09· cited 47×
- Griffin v. StateIndiana Supreme Court· 1994-12-16· cited 45×
- Chanley v. StateIndiana Supreme Court· 1991-12-20· cited 37×
- Hill v. StateIndiana Supreme Court· 1993-06-09· cited 32×
- Lynch v. StateIndiana Supreme Court· 1994-03-24· cited 25×
- Meriweather v. StateIndiana Court of Appeals· 1995-11-30· cited 23×
- Aschliman v. StateIndiana Supreme Court· 1992-04-14· cited 23×
- Brown v. StateIndiana Court of Appeals· 1995-12-29· cited 22×
- Noble v. StateIndiana Supreme Court· 2000-03-24· cited 17×
- Castro v. StateIndiana Supreme Court· 1991-10-28· cited 14×
- Simpson v. StateIndiana Court of Appeals· 1994-01-20· cited 13×
- Johnson v. StateIndiana Court of Appeals· 2011-12-29· cited 13×
Cites
8 cases in this archive are cited by this case.
- Roddy v. StateIndiana Court of Appeals· 1979-09-20· cited 112×
- Jones v. StateIndiana Supreme Court· 1982-08-19· cited 87×
- Ingram v. StateIndiana Supreme Court· 1989-12-14· cited 78×
- Swafford v. StateIndiana Supreme Court· 1981-05-28· cited 50×
- Whipple v. StateIndiana Supreme Court· 1988-06-08· cited 43×
- Jones v. StateIndiana Supreme Court· 1988-03-08· cited 24×
- Elliott v. StateIndiana Supreme Court· 1988-09-22· cited 13×
- Lynch v. StateIndiana Court of Appeals· 1990-04-12· cited 7×
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.