ILNews

Court orders new arson trial

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the state amend the charging information after it had read the original charges to the jury.

David L. Gibbs v. State of Indiana, No. 49A02-1010-CR-1074, presented an issue of first impressions regarding when exactly a jury trial has "commenced" for purposes of amending charging information pursuant to Indiana Code 35-34-1-5(b). David Gibbs appealed his conviction of Class B felony arson, in which the trial court allowed the state to make a substantive amendment to the charging information after voir dire.

Gibbs was charged with three counts of Class B felony arson of a multi-family residence, with two of the charges specifically naming Gibbs' neighbors as having their residences damaged. He allegedly started the fire in his own apartment. The other charge named a business that had its property damaged. The state made amendments to two of the counts before the trial started, and read the amended charges to the jury during voir dire. Then, the state moved to amend the information to omit the neighbors' names. Gibbs objected, but the state allowed it.

The appellate judges found the state's amendments to Gibbs' charging information were substantive because as Gibbs had argued in his objection, he planned to argue he wasn't guilty of the charges because the fire did not actually cause damage to the two neighbors' apartments.

They looked to other jurisdictions to find it is a widely accepted rule that a jury trial begins with voir dire, so since Gibbs' trial had commenced with voir dire, allowing the estate to make substantive amendments to his information after that point was an error, wrote Judge Patricia Riley.

Gibbs also challenged the determination that he was competent to stand trial. He requested a psychiatric examination, in which two psychologists examined him. He was found not competent to stand trial and committed for competency restoration services. Months later, the trial court realized it didn't properly follow I.C. 35-36-3-1, which requires an examination by a psychiatrist as well, and appointed one to examine him. The psychiatrist was unable to personally evaluate Gibbs because he was uncooperative.

He was later found to be restored to competency, and the trial court denied Gibbs' motion for psychiatric examination to determine his competency.

Although the trial court erred by not originally having a psychiatrist examine him before his competency hearing, it was a harmless error because the trial court did not declare him competent to stand trial as a result of the error.

The judges vacated Gibbs' arson conviction and remanded for a new trial.  
 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT