Legal Opinion

Burks v. State

Indiana Court of Appeals

Decided December 6, 2005No. 45A03-0410-CR-479PublishedCited by 9 opinions

1Opinion of the Court

OPINION

FRIEDLANDER, Judge.

Elton Burks brings a separate appeal of his two convictions for Attempted Murder 1 after a joint jury trial with co-defendant, Victor Wiggins. 2 As restated, Burks presents four issues for our review:

1. Did the trial court abuse its discretion by failing to grant Burks's motion for mistrial based upon testimony that Burks had shot someone in an incident unrelated to the offenses for which he was charged?

2. Were the jury's verdicts as to Wiggins and Burks inconsistent, thereby requiring the trial court to grant Burks's motion for judgments on the evidence as to…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Smylie v. StateIndiana Supreme Court · 2005
  4. Willard v. StateIndiana Supreme Court · 1980
  5. Bradley v. StateIndiana Supreme Court · 1995

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3Cited by9 opinions

  1. Robertson v. StateIndiana Supreme Court · 2007
  2. Saunders v. StateIndiana Court of Appeals · 2006
  3. Tormoehlen v. StateIndiana Court of Appeals · 2006
  4. Evans v. StateIndiana Court of Appeals · 2006
  5. David Bisard v. State of IndianaIndiana Court of Appeals · 2015

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

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