ILNews

Justices address judicial-temperance presumption

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the judicial-temperance presumption.

Joshua Konopasek appealed his Class C felony conviction of battery causing serious bodily injury. At his trial, Konopasek claimed he pushed the victim in self defense, but he didn’t cause the victim’s broken jaw. On direct examination, Konopasek’s attorney elicited testimony from Konopasek regarding his probationary status; on cross-examination, the state asked Konopasek “And you’ve got quite a bit of time hanging over your head?” Konopasek objected, but the judge allowed the question.

On appeal, Konopasek argued, among other things, that the trial court abused its discretion when admitting evidence elicited by the state regarding his probation. The Indiana Court of Appeals found the court shouldn’t have admitted the evidence, but it was a harmless error. The judges concluded that Konopasek didn’t overcome the judicial-temperance presumption – the presumption that in a bench trial, the judge will disregard inadmissible and irrelevant evidence.

The Indiana Supreme Court granted transfer to address the admissibility of the evidence in question and to reaffirm Fletcher v. State, 264 Ind. 132, 340 N.E.2d 771 (1976), as it relates to the judicial-temperance presumption. The justices affirmed the Court of Appeals on the remaining issues and affirmed Konopasek’s conviction and sentence.

In Joshua Konopasek v. State of Indiana, No. 25S03-1012-CR-669, the Supreme Court reviewed the admission of Konopasek’s testimony on the length of his suspended sentence only, and only considered the relevancy of the testimony in question. The justices found the testimony was a classic “he said-he said” case, wrote Justice Steven David, and evidence impeaching Konopasek was significantly relevant. They also held the probative value of the evidence wasn’t outweighed by unfair prejudice.

Turning to Fletcher, Justice David explained that the Supreme Court set parameters on the judicial-temperance presumption in cases where a defendant makes a specific objection to the admission of evidence. The justices decided not to apply the judicial-temperance presumption to the instant case because the evidence in question was relevant and admissible.

The justices then went on to reaffirm the limits on the presumption as explained in Fletcher and clarified the interplay between the presumption and harmless-error analysis.

“On appeal, when a defendant challenges the admissibility of evidence at a bench trial and the evidence in fact was inadmissible, the judicial-temperance presumption comes into play. One way a defendant can overcome the presumption is by showing the trial court admitted the evidence over a specific objection, as in Fletcher,” wrote the justice. “If a defendant does overcome the presumption, the reviewing court then engages in full harmless-error analysis: the error is harmless if the ‘reviewing court is satisfied that the conviction is supported by substantial independent evidence of guilt so that there is no substantial likelihood that the challenged evidence contributed to the conviction.’ Meadows v. State, 785 N.E.2d 1112, 1122 (Ind. Ct. App. 2003). If a defendant cannot overcome the presumption, a reviewing court presumes the trial court disregarded the improper evidence and accordingly finds the error harmless.”
 

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  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?

ADVERTISEMENT