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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. 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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