Markley's Forgotten Revolution: Connecting Mental States in Indiana's Criminal Code


Examines the connection between an Indiana criminal statute's specified mens rea and the same statute's non-mental elements (primarily actus reus, result, and circumstance).

Demonstrates a substantial disconnect between the statute ostensibly governing that relationship, Indiana Code 35-41-2-2(d), and the case law interpreting it, with a special focus on Markley v. State, 421 N.E.2d 20 (Ind. Ct. App. 1981).

Concludes by offering a constructive solution.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Graham Polando | Attorney Advertising

Written by:


Graham Polando on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.