Legal Opinion

Higgins v. State

Indiana Court of Appeals

Decided February 21, 2003No. 82A04-0203-CR-109PublishedCited by 16 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Christopher Higgins appeals his conviction for residential entry, a Class D felony. We affirm.

Issues

The issues before us are:

I. whether the trial court violated Higgins rights under the United States and Indiana Constitutions by instructing the jury that "the opening of a locked or unlocked door is sufficient" to establish that a breaking has occurred; and

IIL, whether the trial court properly refused to instruct the jury on the offense of criminal trespass.

Facts

Debra Freson and Higgins were acquaintances. After a couple of encounters alone with Higgins during…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Francis v. FranklinSupreme Court of the United States · 1985
  3. Wright v. StateIndiana Supreme Court · 1995
  4. Brown v. StateIndiana Supreme Court · 1998
  5. Goodpaster v. StateIndiana Supreme Court · 1980

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

3Cited by16 opinions

  1. White v. StateIndiana Court of Appeals · 2006
  2. Young v. StateIndiana Court of Appeals · 2006
  3. Stokes v. StateIndiana Court of Appeals · 2005
  4. VanWanzeele v. StateIndiana Court of Appeals · 2009
  5. State v. JonesIndiana Court of Appeals · 2004

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

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