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Wednesday, June 04, 2008
Ind. Decisions - "Attempted murder conviction upheld"
Sophia Vorovong of the Lafayette Journal Courier reports today on the Court of Appeals decision yesterday in the case of State of Indiana v. Shannon Hollars (see ILB entry here - 6th case). Some quotes:
Shannon L. Hollars, 46, has been serving time in the Clinton County Jail for dealing marijuana while the Indiana Court of Appeals considered whether he should receive a new trial for attempted murder.In a unanimous ruling issued Tuesday, the panel of three judges found that Clinton Superior Court Judge Kathy Smith erred when she granted Hollars a new trial on grounds that his first one was not fair.
"During the sentencing hearing in this case, the trial court questioned whether an individual can form the specific intent to kill within three to five seconds after being awakened in the middle of the night," Judge Patricia Riley wrote in the 14-page opinion.
"The short answer is yes. That Hollars was able to form the necessary intent to kill may be inferred from his intentional use of a deadly weapon likely to cause death." * * *
After the trial, Hollars' attorney, Brad Mohler, filed a motion to correct errors -- claiming that he was not provided a medical record prior to the trial that might have suggested that Hollars' back was to police when he was shot in the arm.
It was part of the reason why Smith vacated Hollars' attempted murder conviction and granted him a new trial. Smith also noted when the warrant was issued -- "past midnight, after the household was asleep" -- in her decision.
The appeals court, however, found that Hollars had ready access to his own medical records and that police loudly identified themselves both before entering and once inside Hollars' home.
"The verdict returned by the jury was relative to the weight of the evidence presented. The Court of Appeals opinion shows that," Clinton County Prosecutor Tony Sommer said.
Posted by Marcia Oddi on June 4, 2008 08:51 AM
Posted to Ind. App.Ct. Decisions