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Court affirms conviction, sentence despite error

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Even though a jury instruction given during a forgery trial misstated the law, the Indiana Court of Appeals affirmed a defendant's conviction and sentencing after finding other statements and instructions prevented any fundamental error in the case.

In Gloria Benefield v. State of Indiana, No. 41A01-0806-CR-272, Gloria Benefield appealed her conviction of and sentence for Class C felony forgery for providing a falsified Qualified Medication Aide certification during a job interview. During her trial, the trial court instructed the jury on the definition of "defraud," to which Benefield unsuccessfully objected because it was apparently drawn from Black's Law Dictionary.

She was sentenced to eight years incarceration for forgery, which was enhanced by six years for being a habitual offender.

Benefield waived her appeal of the issue of the jury instruction for review because she advanced a different reason on appeal than what she objected to at trial. She claimed on appeal that the instruction amounted to a fundamental error so it should be reviewed.

The original jury instruction defined "defraud" as to make a misrepresentation of an existing material fact, knowing it to be false, or making it recklessly without regard to whether it is true or false. The Indiana Supreme Court has held that an intent to defraud involves an intent to deceive, and the jury instruction suggesting that a person making a representation with reckless disregard for its truth may have the intent to deceive is not a proper statement of the law, wrote Judge Cale Bradford.

Even though the instruction misstated the law, it's not enough to reverse Benefield's conviction. The jury was properly informed in several instances that Benefield must have had the "intent to defraud" in order to be guilty of forgery.

"In summary, even though the jury was misinformed once regarding the proper mens rea for forgery, it was properly informed four times, including three times by the trial court. This repetition of the proper mens rea, especially because it came mostly from the trial court, very likely would have cured the error by itself," wrote Judge Bradford.

In addition, the jury was instructed to consider all the instructions as a whole and not to single out any point or instruction. As a result, there was no fundamental error in this case.

The appellate court also affirmed the admittance of testimony regarding documents that weren't admitted into trial and Benefield's sentence.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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