ILNews

COA: man doesn't have to testify for self-defense instruction

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ordered a new trial for a man convicted of murder because the trial court erred by refusing to instruct the jury on self-defense without the defendant’s testimony.

In Larry Ault v. State of Indiana, No. 49A04-1008-CR-492, Larry Ault got into a heated argument with Andrew Parrish when Parrish and Donna Choate arrived at Ault’s home. The two came to confront Ault about money he owed after buying a radio from Parrish’s friend. Choate had to separate the men twice. When Parrish ripped off his coat, threw it in his truck and said he was going to beat up Ault now, Ault shot Parrish in the head and killed him.

At his trial, the trial court considered the permissibility of a self-defense jury instruction in the event that Ault didn’t testify. The trial judge concluded that the subjective standard of the self-defense argument couldn’t be satisfied without Ault testifying as to his perception of what was going on the day of the shooting. Ault then took the stand and was found guilty of murder.

Ault appealed the conclusion that prior to his testimony, the record lacked evidence of self-defense to support giving a self-defense jury instruction. At trial, Ault’s attorney asked whether the trial judge’s ruling meant that self-defense instructions were never available in cases where defendants didn’t testify, and the judge couldn’t answer that.

This issue hasn’t been precisely raised in Indiana, so the appellate judges relied on Hilbert v. Commonwealth, 162 S.W.3d 921, 924 (2005), from the Kentucky Supreme Court; and People v. Hoskins, 267 N.W.2d 417, 418 (1978), from the Michigan Supreme Court, to conclude a defendant doesn’t have to testify in order to receive a self-defense instruction as long as the defense is supported by the evidence.

In the instant case, the trial court found the fact that Parrish was on Ault’s property, he was shouting and threatening Ault with bodily injury, and had indicated he would attack Ault “now” was enough to establish the objective component of self-defense, wrote Judge Cale Bradford.

“Given the broad use in Indiana of circumstantial evidence to show an individual’s state of mind, and in light of Hilbert and Hoskins, we must conclude that these facts were similarly adequate to support a reasonable inference regarding the subjective component of self-defense, namely that Ault believed deadly force was necessary to protect himself. We therefore conclude that the trial court abused its discretion in refusing to instruct the jury on self-defense without Ault’s testimony,” he wrote.

Denying the self-defense instruction on these facts was not a harmless error, so the appellate judges ordered a new trial.

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

ADVERTISEMENT