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COA: Jury adequately instructed on presumption of innocence

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The Indiana Court of Appeals rejected a man’s argument that his child molestation conviction should be reversed because the trial court did not tender his jury instruction on the presumption of innocence. The judges found the court’s instruction adequately instructed the jury.

In Stephen Brakie v. State of Indiana, 65A05-1304-CR-172, Stephen Brakie was convicted of Class A felony child molesting for inserting a screwdriver into the vagina of a 4-year-old, causing significant tearing and bleeding.

“Here, we find that the court’s instructions adequately instructed the jury on the presumption of innocence,” Judge Elaine Brown wrote. “Specifically, the court instructed the jury that under the law of this State a person charged with a crime is presumed to be innocent and that ‘[y]ou should attempt to fit the evidence to the presumption that Stephen J. Brakie is innocent … .’  This instruction satisfied the Indiana Supreme Court’s holding in Robey that the jury should fit the evidence to the presumption that a defendant is innocent.”

The judges also held that there was sufficient evidence to support the molestation conviction. Brakie had argued that victim N.J. had told three different stories as to what happened. The court noted that this is an issue of witness credibility and it is up to the jury to weigh witness credibility.
 

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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