ILNews

Justices abandon 'mere possession' rule

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The Indiana Supreme Court's decision Thursday abandoned the "mere possession rule" when it comes to convictions of theft and receiving stolen property and restored the state's original view that the possession of recently stolen property should be considered with other evidence in the case.

Since Bolton v. State, 254 Ind. 648, 261 N.E.2d 841 (1970), the Supreme Court's jurisprudence "took a noticeable turn" and caselaw decided after Bolton adhered to some variation of the rule that unexplained possession of recently stolen property standing alone is sufficient to support a guilty verdict for theft, called the mere possession rule, wrote Justice Robert Rucker. However, in Thursday's case, Kail Fortson v. State of Indiana, No. 82S04-0811-CR-592, the justices unanimously decided to revert to what the jurisdiction had previously held before Bolton: the mere unexplained possession of recently stolen property standing alone doesn't automatically support a conviction of theft.

"In essence, the fact of possession and all the surrounding evidence about the possession must be assessed to determine whether any rational juror could find the defendant guilty beyond a reasonable doubt," wrote Justice Rucker, noting this also applies to the rule concerning the charge of receiving stolen property.

Kail Fortson was driving a truck police stopped because they knew it had been reported stolen just a few hours early. Fortson was charged and convicted of receiving stolen property. Fortson appealed his conviction challenging the evidence and argued the state hadn't proved he had knowledge the truck was stolen. The Indiana Court of Appeals split and reversed Fortson's conviction.

The high court agreed with the majority's reasoning for overturning Fortson's conviction: there was no evidence Fortson attempted to conceal the truck from the officers or physically resist arrest, nor did he provide evasive answers. The state could only prove he was in possession of the recently stolen property but not that he knew the truck was stolen.

"And with our holding today, the same conclusion would obtain had Fortson been charged with theft as opposed to receiving stolen property," wrote the justice.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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