State v. Borum

Summary

The court held that the jury’s verdict was unambiguous because the special verdict form required unanimous findings on each form of malice and the jury found all three forms. It also held that a Class B2 sentence is required only when depraved-heart malice is necessary to establish the second-degree murder conviction; because the jury also found actual malice and condition-of-mind malice, the Class B1 sentence was proper. The court therefore reversed the Court of Appeals.