ILNews

Court orders re-trial after jury instruction error

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has ordered a re-trial for a man convicted of attempted murder after ruling today the trial court failed to properly instruct the jury on accomplice liability.

In Robert Tiller v. State of Indiana, No. 45A03-0802-CR-78, Robert Tiller was convicted of attempted murder, confinement, and escape after he and three others bound Richard Cannon, put him in the trunk of a car, and Louis James shot Cannon once in the face after opening the trunk.

Although he didn't object to the jury instructions on attempted murder and accomplice liability for attempted murder at trial, Tiller argued on appeal that the instructions constituted fundamental error. The trial court instruction correctly stated the law as it generally pertained to accomplice liability, but the instruction didn't adequately inform the jury that the specific intent requirement for attempted murder also applied to accomplice liability for attempted murder, wrote Judge Ezra Friedlander.

"We must therefore conclude, as did our Supreme Court in Hopkins, that the trial court's instruction on accomplice liability constituted fundamental error in that it failed to adequately instruct the jury that it was required to find that Tiller possessed the specific intent to kill Cannon when he aided, supported, helped, or assisted his accomplices commit the crime of attempted murder," wrote the judge.

There was sufficient evidence to support Tiller's conviction of attempted murder, so the appellate court remanded for a re-trial on the charge of attempted murder.

The Court of Appeals also found the state made a good faith effort and employed sufficient measures to find Cannon and secure his attendance at trial, so Tiller's Sixth Amendment right to confrontation wasn't violated when Cannon's disposition was read into evidence after he failed to appear to testify at Tiller's 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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  2. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

  3. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  4. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  5. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

ADVERTISEMENT