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COA: Court properly denied instruction on innocence

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A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.

In Nelson Julian Santiago v. State of Indiana, 45A03-1207-CR-304, Nelson Julian Santiago was charged with murder, battery, aggravated battery and neglect of a dependent in connection to his four-month-old daughter’s death. She died from bleeding in the brain. The state’s witness testified the baby died from shaken baby syndrome; Santiago’s expert testimony said that the bleeding could have been caused by a car accident the child was in a few months earlier or was a coagulation disorder similar to one the baby’s mother had.  Santiago was convicted of Class A felony neglect of a dependent.

The trial court refused to give Santiago’s jury instruction regarding the presumption of innocence, which was based on language from Robey v. State, 454 N.E.2d 1221, 1222 (Ind. 1983). The justices held the instruction given in that case on the theory of the defendant’s innocence must be given if requested, but ruled the trial court didn’t err in denying the presumption of innocence instruction based on the other instructions given to the jury.  

“Like Robey, a consideration of the jury instructions in this case taken as a whole demonstrates that the jury was properly instructed to presume the defendant innocent and demand that the State produce strong and persuasive evidence of guilt wholly at odds with innocence,” Chief Judge Margret Robb wrote in Santiago.

“A panel of this court has stated that Robey simply requires instructing the jury that it should fit the evidence to the presumption that a defendant is innocent. The instructions given by the trial court in this case — considered as a whole and in reference to each other — did that.”

The jury instructions in Santiago’s case appear to be based on the Indiana Pattern Jury Instructions, which is the preferred practice in Indiana, Robb noted.

 

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  • Innocent 'til proven guilty
    A defendan is supposed to be innocent until proven guilty, so why do prosecutors ask defendants, can you prove you were at home, can you prove you are innocent. Doesn't the burden of proof rest with the prosecution?

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  1. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  2. Tina has left the building.

  3. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Can’t we lawyers just engage in peer professionalism and even peer pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basic respect for the law shown by most social workers .... it that good enough in Indiana? If not, then how is JLAP to help this 2003 law school grad get what her law school evidently failed to teach her? (In addition .... rhetorical question … I have a theory that the LAP model serves as a conduit for governmental grace when the same strict application of the law visited upon the poor and the powerless just will not do. See in the records of this paper ... can the argument be made that many who save their licenses, reputations, salaries by calling upon that font of grace are receiving special treatment? Who tracks the application of said grace to assure that EP and DP standards are fully realized? Does the higher one climbs inside the Beltway bring greater showers of grace? Should such grace be the providence of the government, or the churches and NGO's? Why, we would not want to be found mixing the remnants of our abandoned faith with the highest loyalty to the secularist state, now would we?)

  4. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Cannot we lawyers not engage in peer professionalism and even pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basis respect for the law shown by most social workers .... it that good enough in Indiana?

  5. Judge Baker nails it: "Russell was in a place he did not have a right to be, to take an action he did not have a right to take. Russell neglected to leave that property even after engaging in a heated argument with and being struck with a broom handle by the property owner." AS is noted below ... sad to think that the next shoe to drop will be the thief suing the car owner. That is justice?

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