Prosecutors are too eager to use Indiana's recent and severe Dealing Resulting in Death statute.

Navigating Law Enforcement Interrogation

Managing Attorney Brandon Murphy was again named to the Super Lawyers’ Rising Star list in the Criminal Defense practice area. To be eligible to be a Rising Star, a candidate must be forty (40) years of age or younger or have fewer than ten (10) years experience in the practice of law. No more than [..] The post Murphy Again Named to Rising Stars List appeared first on Cannon Bruns & Murphy, LLC.

Managing Attorney Brandon E. Murphy was named as a Rising Star in Criminal Defense in the 2018 publication of Indiana Super Lawyers. To be eligible to be a Rising Star, a candidate must be forty (40) years of age or younger or have fewer than ten (10) years experience in the practice of law. No [..] The post Murphy Named Rising Star by Super Lawyers appeared first on Cannon Bruns & Murphy, LLC.

A recent Court of Appeals decision, Shinnock v. State, 18A05-1606-CR-1258 (opinion can be found here: http://www.in.gov/judiciary/opinions/pdf/02091701jts.pdf), highlights the little-known Corpus Delicti Rule in the course of some very unfortunate facts. This case was tried in the Delaware County Circuit Court No. 2. It should be noted that this opinion is still subject to appeal by [..] The post The Corpus Delicti Rule appeared first on Cannon Bruns & Murphy, LLC.

On April 21, 2016, the Indiana Court of Appeals affirmed Victor Roar’s conviction for intimidation in part because they “conclude[d] that the majority in [an earlier case] did not correctly decide that question.” Roar v. State, 49A02-1506-CR-506 (Ind. Ct. App. 2016). The case the Roar Court was criticizing was C.L. v. State, 2 N.E.3d 798 (Ind. Ct. [..] The post Court of Appeals Panel Split on Intimidation Charge appeared first on Cannon Bruns & Murphy, LLC.

Law enforcement always has authority to arrest when there is an arrest warrant for the person, and when the police have probable cause to believe the person has committed or attempted to commit a felony. However, there are limits to law enforcement’s power to arrest for a misdemeanor if they do not actually observe the [..] The post The Limits of Indiana’s Misdemeanor Arrest Statute appeared first on Cannon Bruns & Murphy, LLC.

One of the most popular recent shows on NetFlix is a series entitled “Making a Murderer,” concerning the investigation and murder trials of Defendants Steven Avery and Brendan Dassey. The “hook” of the show is that Defendant Avery had previously been convicted, and later exonerated, of a brutal rape. Avery spent eighteen (18) years in [..] The post Lessons for Defense Counsel from Making a Murderer appeared first on Cannon Bruns & Murphy, LLC.

Defendants in criminal matters are frequently confused by the “omnibus date” that the Court sets. Pursuant to statute, the omnibus date “shall” be set by the Court during the initial hearing, and the omnibus date is to be between 45 and 75 days after the initial hearing. See I.C. 35-36-8-1. So what is the omnibus [..] The post The Mysterious Omnibus Date appeared first on Cannon Bruns & Murphy, LLC.