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Evidence does not support stand-your-ground defense

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A man’s attempt to bolster his defense by using Indiana’s stand-your-ground law was rejected because the evidence did not support his claim.

Dwight Hayes was arrested and charged after he pointed two handguns at Natasha McDaniel who was trying to serve him with legal documents. McDaniel remained on the public sidewalk outside Hayes’ home and never tried to enter his front yard.

At trial, Hayes wanted the jury instructions to contain the information that a person may use reasonable force, including deadly force, to prevent unlawful entry or attack on his property. In addition, he wanted the jury to be told that the state has the burden of proving the defendant did not act in defense of his property.

Although the Marion Superior Court found the instruction was a correct statement of the law, the court rejected the three paragraphs since there was no evidence indicating his property was being attacked.

On appeal, Hayes pointed out that McDaniel first walked into his yard and knocked on his front door, and then returned to her truck before he confronted her. This, he argued, established why he believed he needed to prevent any unlawful re-entry onto his property.

The Indiana Court of Appeals disagreed and affirmed the trial court’s ruling in Dwight Hayes v. State of Indiana, 49A04-1312-CR-619.

“Although McDaniel has knocked on Hayes’s front door in an effort to serve him with legal documents, she had returned to her truck and was completing paperwork when Hayes arrived in the front yard with two guns,” Judge Michael Barnes, wrote for the court. “At that point, McDaniel got out of her truck to talk to Hayes but remained on the public sidewalk at all times. Her friend testified she was 100 percent sure that McDaniel did not try to open the gate again. There simply is no evidence that McDaniel was attempting to attack or unlawfully enter Hayes’s property when Hayes pointed the guns at McDaniel.”

 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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