ILNews

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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