Latham v. State
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The Supreme Court affirmed Defendant's conviction of felony attempted interference with a peace officer and misdemeanor child endangerment, holding that the evidence was sufficient to support the convictions.
On appeal, Defendant argued that the officer was not engaged in the lawful performance of his official duties when he used subdued Defendant and that the evidence was insufficient to support the finding that he had the specific intent to disarm the officer. The Supreme Court disagreed, holding (1) the evidence was sufficient to support the jury's finding that the officer did not use excessive force and was therefore engaged in the lawful performance of his duties when he subdued Defendant; and (2) there was sufficient evidence to show Defendant acted with the requisite specific intent.
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