Alain Kiiwon Powell, Jr. v. State of Indiana

Summary

The Indiana Supreme Court held that Powell’s five or six rapid shots at an occupied vehicle supported two separate attempted-murder convictions because the evidence established a distinct intent to kill each of two victims. Although the attempted-murder statute does not specify a clear unit of prosecution, the court adopted a two-step statutory and factual analysis and concluded that Powell’s conduct amounted to distinguishable offenses. The court affirmed the trial court and reinstated the attempted-murder conviction involving Davyn.