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
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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT