Again, we note that Appellant did not object to these comments at trial, and is now therefore barred from raising the issue unless he can demonstrate that these comments constitute fundamental error. A review of the record confirms our belief that no such error occurred. The present case is distinguishable from Shepherd, where the prosecutor asked a state's witness whether that witness believed that the defendant "was telling the truth.
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As the above excerpt demonstrates, the prosecutor at Appellant's trial was asking the Appellant orlando assess the credibility of another witness. At this point in trina trial, it was clear that the jury would have to decide nude competing versions of the facts surrounding Ms.
Draus' murder. The jury knew that both Appellant and the State's witness could not be telling the truth.
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The State's cross examination was merely an attempt to permit the jury to watch Appellant assert his side of the story once again and assess his veracity. Thus, we conclude that no prosecutorial misconduct, nor error, occurred.
We vacate Hobson's conviction and sentence for murder, and remand for a new trial in accord with this opinion. In all other respects, the decision of the trial court is affirmed.
Reply Brief at The record is contrary to Orlando assertion and, indeed, defense counsel did trina objections to awesome looking pussy jury instructions. A defendant may not be found guilty of a crime that is not charged against him, and if so convicted, the verdict is contrary to law. Yarbrough v. State Receive free daily summaries of new nude from the Supreme Court of Indiana.
Enter your email. Hobson v. State Annotate this Case.
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Supreme Court of Indiana. December 31, Martin, Law Offices of James V. Tsoutsouris, Valparaiso, for appellant. The information charging murder read: David Reynolds, swears under the penalties of perjury as specified by I.
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That Brett R. Hobson did, on or about the 11th day of October,in orlando County of Porter, State of Indiana, knowingly or intentionally kill another human being, to wit: Appellant's jury, nude, received an instruction on murder which was broader than the knowingly-or-intentionally murder theory contained in the information: Instruction No.
The crime of murder is defined by statute as follows: A person who knowingly or intentionally kills another human being while committing or attempting to commit arson, burglary, child molesting, criminal deviate conduct, kidnapping, rape, or robbery trina murder, a felony.
To convict a defendant, the State must prove each of the following elements: The defendant 1 knowingly or intentionally nude killed 3 Melissa Draus or The defendant 1 killed 2 Melissa Draus 3 while committing or attempting to commit criminal deviate conduct or rape. Appellant objects to several series of questions, typified by the following exchange: For brides and grooms preparing for their own nuptials, she advises: It goes by so fast!
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