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Mark Coller V. New York Case Brief

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Nancy and mark collier got married, but then on April 8, 2003, Nancy wanted to get a divorce from Mark. Nancy was feeling unsafe and had an order of protection put on Mark for him to stay away from her workplace. Nancy was working at the hospital on April 24, 2003, during that time mark went to his neighbor and was telling his neighbor that he was going to kill himself and Nancy because Nancy had filed divorce. Mark neighbor thought mark was just talking crazy because mark had talked like that before. That night mark went back to his neighbor and said that tonight is the night and mark and his neighbor walked back to marks house and mark said again that he was going to kill himself and Nancy. Marks neighbor went to marks house later they night …show more content…

Mark was found outside the only exit Nancy could use, in his pickup truck drunk and asleep. When the police officer arrived, they had charged mark with an invasion of privacy for violating the terms of the protective order and public intoxication. Then the state of Indiana charged mark with attempted murder, a jury trial was held and the jury found Mark guilty. Mark was sentenced to twenty-five years in prison and after completing his time five years of probation. The Indiana court had accepted mark collier appeal for his attempted murder charge, Mark had said that the evidence was insufficient and his acts were a preparation for the murder. The acts that mark had done makes the courts believe that mark was going to go through with the crime. The facts that were presented to the jury would make them believe that Mark had to take the substantial step for the crime of attempted murder. If Mark was awake, was going into the hospital, and opened to door, Mark would be guilty of attempted murder. The Indiana Supreme Court made a decision that mark was not guilty of attempted murder. Mark was not near Nancy since he was in the back of the parking

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