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Court: stipulation can be in preliminary jury instructions

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Even though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession of a firearm by a serious violent felon.

Fabian Morgan was convicted of the Class B felony and sentenced to 15 years. He argued there wasn’t enough evidence to prove he qualified as a serious violent felon. The state had to prove that he had been convicted of an offense listed in Indiana Code Ann. Section 35-47-4-5. Before trial, it appears based on the record that the parties had stipulated to the element of I.C. Section 35-47-4-5 that Morgan was previously convicted of a felony at the time he possessed the gun in the instant case, wrote Judge Ezra Friedlander.

The stipulation wasn’t introduced at trial and not included in the materials submitted in conjunction with the appeal, so Morgan claimed there was insufficient evidence to prove he was a serious violent felon. He waived this argument by not objecting to the jury instructions.

In Fabian Morgan v. State of Indiana, No. 49A04-1001-CR-43, the appellate court couldn’t find any authority for Morgan’s argument that a stipulation can’t be placed before a jury through preliminary jury instructions. The judges relied on Hardister v. State, 849 N.E.2d 563 (Ind. 2006), in which the Indiana Supreme Court ruled otherwise, to conclude that a stipulation may be presented before a jury in the form of a preliminary instruction. It may be challenged by a defendant who preserves the issue for appellate review, noted Judge Friedlander.

The judges also found the trial court didn’t commit fundamental error when it admonished the jury to disregard remarks made by Morgan’s attorney during final arguments that the court characterized as “misleading” and “not the evidence presented.” Morgan didn’t object to any of the trial court’s comments, and couldn’t show fundamental error occurred. The record shows the attorney did misstate the evidence.

The judges also upheld the 15-year sentence.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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