Lampkins v. State

OPINION

VAIDIK, Judge.

Case Summary

Gregory A. Lampkins appeals his conviction for voluntary manslaughter, a class B felony. 1 Lampkins contends that the trial court’s jury instruction with respect to intent improperly shifted the burden of proof onto him due to its mandatory language. We find that the trial court’s reading of this instruction constituted fundamental error because the jury could have interpreted the instruction to mean that if Lampkins fired a gun, his intent is presumed. Thus, we reverse.

Facts and Procedural History

On April 23, 1983, the Muncie Police Department arrived at a…