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Justices affirm rejection of tendered jury instruction

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Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.

In Jamar Washington v. State of Indiana, 49S02-1212-CR-669, Washington appealed a Marion Superior judge’s decision not to use tendered jury instructions and instead rely on the Indiana Pattern Jury Instruction.

Washington was convicted of two counts of resisting law enforcement, one count of battery on a law enforcement officer resulting in injury one count of disorderly conduct after a melee in downtown Indianapolis. The mother of his then-8-month-old son confronted him outside a nightclub and handed the child to someone else as fighting ensued.

A police officer grabbed the mother from behind in an attempt to break up the fighting, and Washington said he didn’t know the woman had handed the baby to someone else when he grabbed the officer by the neck in an attempt to pull him off the woman.

Washington’s tendered jury instructions included the observation that someone defending another “will not be accountable for an error in judgment as to the need to use force or the amount of force necessary.” The trial court found Washington’s tendered instructions cumulative and unnecessary in light of the pattern instructions.

“We hold that the Indiana Pattern Jury Instruction is a correct statement of the law and continues to serve as the primary guide for our trial judges on this issue,” Justice Steven David wrote for the unanimous court. “It contains language which compliments the self-defense or defense of another statute regarding the factors as they existed in the mind of the defendant balanced against whether such belief was reasonable.

“Trial courts continue to have the discretion to augment the pattern instructions whenever they deem appropriate and to refuse any tendered instructions,” the court held. “Their decisions will be reviewed for an abuse of discretion.”

Justices remanded the case to correct the sentencing abstract that reflects conviction of resisting law enforcement as a Class D felony that should be entered as a Class A misdemeanor.




 

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  1. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  2. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  3. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  4. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  5. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

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