ILNews

DNA in glove at scene sufficient to uphold burglary conviction

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court on Tuesday reinstated a conviction vacated by the Indiana Court of Appeals. The high court unanimously affirmed a conviction of Class C felony burglary with a habitual offender enhancement, finding a glove at the crime scene with the suspect’s DNA was sufficient for a jury to determine guilt.

In Martin Meehan v. State of Indiana, 71S04-1308-CR-535, Meehan was convicted in St. Joseph Superior Court of breaking into a mechanical contracting business. An employee called police after seeing obvious signs of forced entry, and when police arrived they found a glove on the floor inside the business. The employee testified that the glove wasn’t there when he locked up the previous day, and testing revealed the glove contained only DNA that matched Meehan.

When the Court of Appeals reversed, it held that affirming the conviction “would be creating a precedent that would make it relatively easy for criminals to frame other individuals; all they would need to do is obtain an object with someone else’s DNA and leave it at the crime scene.”

“Here is where we disagree,” Justice Steven David wrote for the unanimous Supreme Court. “The existence of the possibility of being 'framed' does not amount to a lack of substantial evidence of probative value from which the jury could reasonably infer that Meehan committed the burglary.

“Because there was substantial evidence of probative value from which the jury could reasonably infer that Meehan was guilty of burglary beyond a reasonable doubt, we will not disturb the jury’s verdict,” David wrote. The case was remanded to the trial court, however, with instructions to order a prohibited consecutive habitual offender enhancement instead be served concurrent with a prior such enhancement.   







 

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. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

ADVERTISEMENT