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DEPRIEST v. STATE

Court of Appeals Case No. 18A-CR-1176.

113 N.E.3d 286 (2018)

Malcolm R. DEPRIEST, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Filed October 24, 2018.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT: Scott L. Barnhart , Brooke Smith , Keffer Barnhart LLP, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Curtis T. Hill, Jr. , Attorney General of Indiana, Justin F. Roebel , Deputy Attorney General, Indianapolis, Indiana.

Case Summary

Malcolm R. DePriest appeals his convictions for level 4 felony unlawful possession of a firearm by a serious violent felon ("SVF") and class A misdemeanor resisting law enforcement. He argues that the trial court committed fundamental error by instructing the jury that there would be a second phase of the trial...

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