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Explanation as to the spirit of the law was harmless error

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Although a trial court’s words to a jury about the spirit of Indiana’s criminal law was improper and an error, it was harmless and could not overturn a defendant’s sentence of life without parole.

Michael Inman was convicted and sentenced for murder, murder while committing or attempting to commit the offense of robbery, robbery, and unlawful possession of a firearm by a serious violent felon after a jewelry store robbery that left the proprietor dead.

Inman appealed his conviction and sentence partly on the grounds that the judge’s instructions to the jury related to the murder while committing or attempting to commit the offense of robbery. The court told the jurors, “The spirit of our criminal law would not be fostered by a ruling that a defendant could not be convicted of robbing a man he had just killed.”

Inman argued the last sentence allowed the jury to convict him of robbery and felony murder even if all the elements of the robbery occurred before the store owner died.

The Indiana Supreme Court pointed out that while Inman had mischaracterized the law, he was correct about the last sentence. Instead of explaining the law to the jury, the Supreme Court found the trial court seemed to be making an argument for the state.

However, the Supreme Court affirmed the conviction and sentence in Michael Inman v. State of Indiana, 49S00-1207-LW-376. It found the error was harmless because of the overwhelming evidence against the defendant. Also, it concluded that a “reasonable jury” would have returned a guilty verdict if the last sentence had not been given.

Justice Mark Massa concurred in result but found no error in the trial court’s instructions. The judge, in Massa’s opinion, was trying to avoid confusion for the jurors.

“…the judge quite correctly told the jury that you can’t avoid a robbery conviction by killing your victim before you take his property,” Massa wrote. “That is simple, to-the-point guidance for lay jurors and should be encouraged, no admonished.”



 
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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