ILNews

Divided Supreme Court orders new murder trial

Back to TopCommentsE-mailPrintBookmark and Share

Three justices have tossed out a murder conviction, ordering a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide.

But two justices disagreed, believing that requiring a trial court to give a lesser-included offense jury instruction after the defendant denied his guilt under oath would create a mockery of the murder trial.

In Brice Webb v. State of Indiana, No. 71S05-1106-CR-329, the Indiana Supreme Court reversed and remanded the case from St. Joseph Superior Judge Jerome Frese involving Brice Webb’s trial for the shooting death of his girlfriend in October 2009.

During the trial in 2010, the judge refused Webb’s request to give a reckless homicide lesser-included jury instruction because of the defendant’s testimony that denied he had committed the murder and wasn’t even present at the scene. The judge determined Webb can’t deny the act and then take advantage of the lesser-offense option. The jury found Webb guilty and determined he was a habitual offender, and the court sentenced him to 65 years for murder, enhanced by 30 years for the habitual offender adjudication. The Court of Appeals rejected each of Webb’s appellate claims and affirmed the judgment.

Justice Robert Rucker wrote the opinion, and he was joined by Justices Brent Dickson and Frank Sullivan in reversing the trial court. The majority relied on Wright v. State, 658 N.E.2d 563 (Ind. 1995), which developed a three-part test that trial courts should use when deciding whether to instruct on a lesser-included offense. Rucker wrote that the trial court didn’t go far enough in analyzing Webb’s case by that standard, and that Wright and its progeny make clear that trial courts must look at evidence presented by both parties in determining whether a serious evidentiary dispute exists.

The majority found the evidence in this case sufficient to support the jury’s guilty verdict, but the evidence also produced a serious dispute about whether Webb acted knowingly or recklessly. Depending on how the jury viewed and weighed the evidence, it could have led the jurors to return with a conviction of reckless homicide instead. The trial court’s refusal to instruct the jury was reversible error, Rucker wrote.

But Justice Steven David and Chief Justice Randall Shepard dissented in a separate opinion.

Because Webb chose to testify and say he wasn’t present at the scene, he shouldn’t be allowed to “make a mockery out of the state’s burden of proof and argue to a jury he was not there, but if he was, he didn’t have the necessary intent,” David wrote.

“I believe to require the trial court to give the lesser included jury instruction when Webb claims under oath at trial that he was not present and therefore not the shooter would result in a farce upon the trial court,” David wrote.

 

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. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT