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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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