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Judges reverse theft conviction

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The Indiana Court of Appeals reversed a defendant's conviction of theft because the trial court failed to instruct the jury on conversion as a lesser-included offense of theft.

In Roger L. Morris v. State of Indiana, No. 02A03-0905-CR-210, the trial judge declined Roger Morris' request for an instruction on conversion partly because of a Court of Appeals case in which the appellate court found theft and conversion offenses to appear to be one and the same from a practical standpoint, but that there was a difference in the mens rea required. Morris was convicted of Class D felony theft and found to be a habitual offender.

The appellate court in the instant case found Morris' case illustrated the "elusive difference" between theft and conversion as laid out by the legislature. Department store security saw Morris stuffing merchandise into a black bag. He was recognized because he had previously shoplifted from the store. When approached by security, he dropped the bag and ran out of the store. He was caught by the employees and only had a small knife and a toothbrush on him.

It's clear Morris exerted unauthorized control over the store's items because he tried to hide the fact he was putting them in the bag and had no way to pay for them, which would support a conversion conviction. But the evidence disputes whether Morris intended to deprive the store of the use and value of the clothing for any period of time, which is needed to convict him of theft, wrote Judge Terry Crone.

In light of Morris' seemingly reckless actions and the fact he only had the toothbrush and small knife on him, a reasonable jury may find him guilty of conversion instead of theft.

Even viewing theft and conversion as one and the same crime, the law supports giving the lesser included offense instruction, the judge continued. If the two crimes can be proven by identical elements, but carry different sentencing ranges, then prosecutors would be likely to pursue the Class D felony charge to get the longer sentence for a theft conviction. 

"In sum, if criminal conversion as a class A misdemeanor and theft as a class D felony are indeed two different crimes as outlined by our legislature, then the trial court abused its discretion by failing to instruct the jury as to the lesser-included offense of conversion," wrote Judge Crone. "If the elements of conversion and theft have no practical difference, then the rule of lenity and/or the proportionality clause of the U.S. Constitution would entitle Morris to have the jury instructed on both crimes."

Judge Nancy Vaidik concurred in result. The judges remanded the case for retrial.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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