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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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