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

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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.

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  1. 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.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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