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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

ADVERTISEMENT