McCORKER v. STATE

No. 45S05-0305-CR-224.

797 N.E.2d 257 (2003)

Christopher McCORKER, Appellant (Defendant below), v. STATE of Indiana, Appellees (Plaintiff below).

Supreme Court of Indiana.

October 16, 2003.


Attorney(s) appearing for the Case

Marce Gonzalez, Jr., Merrillville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Monika Prekopa Talbot, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


SULLIVAN, Justice.

Defendant Christopher McCorker appeals his multiple convictions for robbery and confinement and his resulting sentence of 65 years. Our principal concern in this case is a jury instruction that Defendant contends, and the Court of Appeals agreed, relieved the State of its burden of proof by creating an impermissible mandatory presumption. Although we find the instruction to have been inartfully worded...

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