(Download) "Mccorker v. State" by Indiana Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Mccorker v. State
- Author : Indiana Supreme Court
- Release Date : January 16, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On Petition To Transfer from the Indiana Court of Appeals, No.45A05-0201-CR-00052. Defendant Christopher McCorker appeals his multiple convictions for robbery and confinement and his resulting sentence of 65 years. Our principal concern in this case is a jury instruction that Defendant contends, and the Court of Appeals agreed, relieved the State of its burden of proof by creating an impermissible mandatory presumption. Although we find the instruction to have been inartfully worded in several respects, we affirm the convictions because the instruction is a correct statement of law. To the extent the instruction creates a mandatory presumption, it is a permissible one. This conclusion is contrary to that of the Court of Appeals in its recent case, Walker v. State,1 which we now disapprove.
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