Legal Opinion

Betwel Birari v. State of Indiana

Indiana Court of Appeals

Decided June 8, 2012No. 49A02-1111-CR-1009PublishedCited by 3 opinions

1Opinion of the Court

OPINION

BROWN, Judge.

Betwel Birari appeals his conviction for attempted rape as a class B felony. Birari raises two issues which we revise and restate as:

I. Whether the evidence is sufficient to sustain his conviction; and

II. Whether the prosecutor committed prosecutorial misconduct that resulted in fundamental error.

We affirm.

The relevant facts follow. Birari and A.J. both worked at a nursing home as certified nursing assistants and became friends. Birari told A.J. that he wanted to take their friendship to the “next level,” and A.J. indicated that she just wanted to remain friends.…

2Cases cited18 opinions

  1. Cooper v. StateIndiana Supreme Court · 2006
  2. Jordan v. StateIndiana Supreme Court · 1995
  3. Mitchem v. StateIndiana Supreme Court · 1997
  4. Madison v. StateIndiana Supreme Court · 1955
  5. Ferrell v. StateIndiana Supreme Court · 1991

13 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Byron Smith v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
  2. Darrell Berry v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017
  3. Latham E. Small v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017

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