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Wednesday, June 04, 2008

Ind. Decisions - Yet another decision today from the Supreme Court

In Adkins v. State, a 6-page, 5-0 opinion, Justice Sullivan writes:

Henry Adkins was convicted of pointing a firearm as a Class D felony. He contends that the jury was incorrectly instructed that he, rather than the State, had the burden of proving that the gun was unloaded. Had there been any evidence that his gun was unloaded, he would be correct. Because there was not, the instruction constituted harmless error.
Note that this is the second case today where the Court singles out for approval an Appeals Court opinion by Judge Crone: (1) writing in dissent in today's trampoline case (Kopczynski), and (2) with a concurring opinion in Adkins.

Posted by Marcia Oddi on June 4, 2008 04:56 PM
Posted to Ind. Sup.Ct. Decisions