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The Corpus Delicti Rule

A recent Court of Appeals decision, Shinnock v. State, 18A05-1606-CR-1258 (opinion can be found here: http://www.in.gov/judiciary/opinions/pdf/02091701jts.pdf), highlights the little-known Corpus Delicti Rule in the course of some very unfortunate facts. This case was tried in the Delaware County Circuit Court No. 2. It should be noted that this opinion is still subject to appeal by [..]

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Court of Appeals Panel Split on Intimidation Charge

On April 21, 2016, the Indiana Court of Appeals affirmed Victor Roar’s conviction for intimidation in part because they “conclude[d] that the majority in [an earlier case] did not correctly decide that question.” Roar v. State, 49A02-1506-CR-506 (Ind. Ct. App. 2016). The case theĀ RoarĀ Court was criticizing was C.L. v. State, 2 N.E.3d 798 (Ind. Ct. [..]

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The Limits of Indiana’s Misdemeanor Arrest Statute

Law enforcement always has authority to arrest when there is an arrest warrant for the person, and when the police have probable cause to believe the person has committed or attempted to commit a felony. However, there are limits to law enforcement’s power to arrest for a misdemeanor if they do not actually observe the [..]

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Lessons for Defense Counsel from Making a Murderer

One of the most popular recent shows on NetFlix is a series entitled “Making a Murderer,” concerning the investigation and murder trials of Defendants Steven Avery and Brendan Dassey. The “hook” of the show is that Defendant Avery had previously been convicted, and later exonerated, of a brutal rape. Avery spent eighteen (18) years in [..]

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The Mysterious Omnibus Date

Defendants in criminal matters are frequently confused by the “omnibus date” that the Court sets. Pursuant to statute, the omnibus date “shall” be set by the Court during the initial hearing, and the omnibus date is to be between 45 and 75 days after the initial hearing. See I.C. 35-36-8-1. So what is the omnibus [..]

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Cleaning Criminal Records

One of the most under-utilized services the attorneys at Cannon Bruns & Murphy, LLC. provide is the process of cleaning an individual’s criminal record. Under certain circumstances, eligible convictions or arrests can be ordered expunged (or removed) from a person’s criminal history. The Order of Expungement is sent to the Indiana State Central Repository, law [..]

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