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Prior misconduct negates self-defense claim

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Evidence of a defendant's prior alleged domestic violence incidents against his ex-wife shouldn't have been admitted to explain the ex-wife's animosity toward him, the Indiana Court of Appeals concluded today. However, the evidence was admissible because it was relevant to prove the ex-husband's motive to commit the domestic violence he was charged with in the instant case.

In Christopher R. Embry v. State of Indiana, No. 30A04-0906-CR-346, Christopher Embry challenged the admittance of five prior incidents of domestic violence he allegedly committed against his ex-wife, Miki. Embry was charged with Class D felony domestic battery in the instant case after he and Miki got into a physical altercation at her house in which he pushed her to the ground and hit her. Embry claimed he was acting in self-defense. The trial court initially granted Embry's motion that the previous incidents were inadmissible under Indiana Evidence Rules 404(b) and 403.

While on the stand, the defense counsel asked Miki about derogatory comments she had written about Embry on her blog. Based on her testimony, the trial court found Embry had opened the door to allow evidence of the prior incidents and allowed the state to question Miki about them. Embry was found guilty.

The state claimed the evidence of his prior acts of violence was admissible either to rehabilitate Miki's credibility or to prove Embry's motive for committing the crime. The appellate court rejected the state's first argument. Some jurisdictions have held that if the defense elicits a bias on the part of a state's witness, the state can respond by introducing the defendant's prior uncharged misconduct to explain the witness' antipathy. The judges decided not to adopt that view. Instead, they believed the use of uncharged misconduct in this manner belies the rules and purposes of witness rehabilitation.

"Offering the defendant's prior bad acts to explain a witness's animosity only reinforces - rather than disproves - the witness's disposition. Introduction of the defendant's uncharged misconduct thus violates the rule of logical refutation and has no rehabilitative value," wrote Judge Nancy Vaidik.

However, that evidence was relevant to show Embry's motive to commit the domestic battery charge. If a defendant claims self-defense and he advances a claim of particular contrary intent, it allows the state to be able to use his prior misconduct to disprove the victim was the first aggressor, the judge wrote.

"Embry's prior acts of violence against Miki evidenced his hostility toward her, which in turn was admissible to demonstrate his motive for a violent attack, which made more probable the conclusion that he assaulted her and instigated the entire physical confrontation," she wrote.

Although there was a danger of prejudice given the number of prior bad acts mentioned, the trial court gave a limiting instruction and admonished the jury that the evidence wasn't admitted to demonstrate character or prove action in conformity therewith, so there was no error in admitting the evidence.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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