ILNews

COA rules on stipulation requirement

Michael W. Hoskins
January 1, 2008
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Prosecutors must be allowed to present their cases as they see fit and not be forced into agreements, the Indiana Court of Appeals confirmed today.

In State of Indiana v. Harold Lewis, No. 72A05-0610-CR-564, the three-judge panel unanimously reversed and remanded the case to Scott Superior Judge Nicholas South. The trial judge had determined in 2006 to grant the defendant's motion prohibiting prosecutors from mentioning the death of the man who Lewis had shot. He was being tried on a felony charge of criminal recklessness that Lewis had "knowingly or intentionally inflicted serious bodily injury" onto Dennis Hensley by shooting him in the right leg with a shotgun. Hensley died a day later.

Lewis argued that mentioning Hensley's death would be prejudicial because the state already planned to present photos showing Hensley's wound and him lying in a pool of blood. Lewis agreed to a stipulation allowing prosecutors to tell the jury he'd caused "serious bodily injury," but the state refused. Judge South granted the motion preventing a mention of Hensley's death and allowing the stipulation.

On interlocutory appeal, the state contended it should be able to present its case how it wishes and not be forced into a stipulation, while Lewis argued that "serious bodily injury" was abundantly clear from the photos not being challenged at trial and that mentioning death wouldn't be relevant but would be unfairly inflammatory.

The appellate court disagreed. Judge Terry Crone wrote that caselaw has already determined death falls into the category of serious bodily injury; he cited Nelson v. State, 664 N.E.2d 386, 388 (Ind. Ct. App. 1996) as authority. In deciding that the state couldn't be forced into the stipulation, the court relied on Perigo v. State, 541 N.E.2d 936, 940 (Ind. 1989) that held a party can refuse to stipulate to any facts; and Hines v. State, 801 N.E. 2d 634, 635 (Ind. 2004), that held the state is entitled to prove its case by evidence of its own choice and criminal defendants can't stipulate their way out of full evidentiary forces of a case being presented.

"Applying the aforementioned law to the present dispute, we must conclude that while Lewis was free to request a stipulation regarding serious bodily injury, the State was not required to agree," Judge Crone wrote, noting that all gory photos and the fact that Hensley died are "fair game" as long as they adhere to the Indiana Rules of Evidence.

In today's opinion, Judge Crone also wrote a footnote on Page 6 of the opinion pointing out an eight-month delay in this case being transferred from the appellate clerk's office to the court - despite it being an interlocutory appeal that gets expedited according to the state's appellate rules. This is the fifth such delay pointed out in opinions since late last year, although the appellate clerk has told Indiana Lawyer that the internal office backlog causing delays was resolved in late February. None of the opinions to date have described delays occurring since then.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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