Loren David Gary v. State

| May 17, 2019 | Firm News

Ind.Ct.App., 5/9/19, Slip op. at https://www.in.gov/judiciary/opinions/pdf/05091902msm.pdf

  • Evidence of attempted murder was sufficient. Where Gary fired a shot that hit a police officer’s front license plate as the officer was getting out of his car to investigate an allegation of intimidation, a reasonable jury could conclude that Gary fired the shot with the specific intent to kill the officer.
  • Because Defense counsel conceded during closing argument that Gary was guilty of Level 6 intimidation, the doctrine of invited error prevented Gary from challenging the sufficiency of the evidence as to intimidation on appeal.
  • Because it is possible that some or all of the evidence that was used to prove attempted murder could also have been used to prove intimidation, the Court of Appeals vacated Gary’s conviction for Level 5 intimidation.