Legal Opinion

Lawrence J. Anderson v. State of Indiana

Indiana Court of Appeals

Decided June 30, 2015No. 79A02-1501-CR-10PublishedCited by 8 opinions

1Opinion of the Court

VAIDIK, Chief Judge.

Case Summary

[1] The Indiana Supreme Court has held that walking through an open door does not satisfy the “breaking” element of burglary—but opening an unlocked door does. In this case, the defendant “rushed” a victim to gain unauthorized entry into a dwelling when the door was voluntarily opened for another person whom the victim was expecting. We find that “rushing” someone to gain unauthorized entry is sufficient evidence of force used. Thus, we affirm the defendant’s conviction for Class A felony burglary.

Facts and Procedural History

[2] Alexis Daniels owed her neighbor…

2Cases cited5 opinions

  1. McHenry v. StateIndiana Supreme Court · 2005
  2. Trice v. StateIndiana Supreme Court · 1986
  3. Cockerham v. StateIndiana Supreme Court · 1965
  4. Henley v. StateIndiana Supreme Court · 1988
  5. Smith v. StateIndiana Supreme Court · 1989

3Cited by8 opinions

  1. State v. HancockIndiana Supreme Court · 2016
  2. Marquell M. Jackson v. State of IndianaIndiana Court of Appeals · 2017
  3. Edward A. Young v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2016
  4. Isaac Perez v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2016
  5. Lindani A. Mzembe v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018

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