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Justices disagree about jury instruction

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The Indiana Supreme Court was split in its ruling that a trial court properly instructed a jury regarding a habitual offender finding, with the dissenters arguing the court's instruction was inadequate as compared to the defendant's proposed jury instruction.

In Larry C. Walden v. State, No. 18S02-0710-CR-458, the Supreme Court granted transfer to Larry Walden's appeal to address whether the trial court erred in rejecting Walden's proposed jury instruction regarding the jury's authority to not find him to be a habitual offender. Chief Justice Randall T. Shepard and Justices Frank Sullivan and Theodore Boehm affirmed the trial court's tendered instruction and rejection of Walden's proposed instruction; Justices Brent Dickson and Robert Rucker dissented, finding the trial court's instruction to be too broad for the jury.

The high court examined its earlier rulings in Holden v. State, 788 N.E.2d 1253, 1253-54 (Ind. 2003), which made clear Indiana juries don't have a broad, general nullification power in criminal cases, and Seay v. State, 698 N.E.2d 732, 737 (Ind. 1998), which the court held a jury may make a habitual offender determination "irrespective of the uncontroverted proof of prior felonies."

In Seay, the Supreme Court had found implicitly Article I, Section 19 applies during the habitual offender phase. In the instant case, the majority wrote that statement wasn't necessary in Seay, and the Indiana Constitution shouldn't have been identified as additional support for the holding and now consider those comments to be obiter dicta.

Under the analysis of a trial court's refusal of a jury instruction, the majority found Walden's tendered jury instruction was a correct statement of law and the trial court's jury instruction covered the material by the rejected instruction. The majority found trial court's instruction, "Under the Constitution of Indiana you have the right to determine both the law and the facts," to be of substance the same information contained in Walden's requested instruction.

But Justices Rucker and Dickson believed the trial court's instruction was generic and broad. Walden's instruction gave express guidance to the jury on what it means to determine the law in the habitual offender context, wrote Justice Rucker.

"Simply advising the jury that it has the right to determine the law and the facts falls woefully short of explaining how this right may be exercised. In contrast, Walden's tendered instruction fills this void," wrote Justice Rucker.

Concurring with Justice Rucker in a separate opinion, Justice Dickson wrote he disagreed with the majority's minimization of the role of Article I, Section 19 in Seay. He also wrote he couldn't agree that the trial court's "broad, unspecific, and opaque instruction" was sufficient to inform the jury of the legal principle embodied in Walden's tendered instruction.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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