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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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