ILNews

Justices disagree about jury instruction

Back to TopCommentsE-mailPrintBookmark and Share

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.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT