Ruben Rosales v. State of Indiana - 9/4/14

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Thursday  September 4, 2014 
9:45 AM  EST

9:45 a.m. 48S02-1404-CR-297. Rosales was convicted of attempted murder following a jury trial in the Madison Circuit Court.  Without objection, the instruction on attempted murder referred to “specific intent,” but the instruction on accomplice liability did not.  Rejecting the argument that the accomplice liability instruction constituted “fundamental error,” a divided Court of Appeals affirmed in Rosales v. State, 3 N.E.3d 1014 (Ind. Ct. App. 2014), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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