ILNews

Appeals court affirms battery conviction of man who murdered his wife

Rebecca Berfanger
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A man appealed his Class A misdemeanor battery conviction claiming that his wife, who reported to police that her husband hit her and was murdered before the scheduled trial date, was no longer around for him to confront as his accuser and was the only witness to the battery.

In Albert Boyd v. State of Indiana, No. 03A01-0701-CR-1, the three-judge panel affirmed the trial court's conviction.

The battery charges stemmed from a physical altercation that the defendant-appellant's wife, Ruth Boyd, reported against her husband Albert Boyd on April 23, 2005. Albert's trial was scheduled for March 31, 2006, but on Jan. 31, 2006, Ruth was murdered and the trial was postponed. Albert was convicted of his wife's murder on Aug. 9, 2006, in Bartholomew Superior Court.

A bench trial was held on the battery charge on Dec. 12, 2006. Prior to trial, a hearing was conducted regarding the admissibility of Ruth's April 23, 2005, statement. The trial court concluded that in murdering Ruth, Albert forfeited his right to confront her as a witness against him and waived his right to object to the admission of her statement on hearsay grounds.

In the opinion released today written by Court of Appeals Judge Michael Barnes, the appeals court affirms the trial court's decision citing an Indiana Supreme Court case, Wright v. State, which found that "a party may not take advantage of an error that she commits, invites, or which is the natural consequence of her own neglect or misconduct"

Judge Barnes wrote, "[Albert] may not take advantage of Ruth's inability to testify, which was the natural consequence of his own misconduct-murdering her."

"We see no reason why a defendant, who by his or her own wrongdoing renders a witness unable to testify, would not forfeit the Sixth Amendment right to confront that witness at trial," Judge Barnes wrote. "To hold otherwise would permit a defendant to benefit from his or her wrongful act, which in this case was murdering the witness."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT