Childers v. State

The defendant, Donnie Childers, appeals his conviction for the murder 1 of three-year-old Wesley Washburn. He claims three errors, which we reorder and discuss as follows: (1) insufficient evidence; (2) denial of his right to counsel; and (3) an erroneous instruction.

Sufficiency of the Evidence

The defendant was charged with “knowingly” killing Wesley Washburn by inflicting blunt force trauma. 2 “A person engages in conduct, ‘knowingly’ if, when he engages in the conduct, he is aware of a high probability that he is doing so.” Ind. Code § 35-41-2-2 (1993). See Brown v. State, 703 N.E.2d 1010,…