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Appeals court affirms battery conviction of man who murdered his wife

Rebecca Berfanger
January 1, 2007
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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."
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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