ILNews

Court affirms conviction, sentence despite error

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

ADVERTISEMENT