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Justices order retrial due to deficient jury instruction

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The Indiana Supreme Court found that a final jury instruction in a woman’s trial for receiving stolen property did not correctly state the law, and it remanded for a new trial.

In Lisa J. Kane v. State of Indiana, 30S04-1206-CR-372, Lisa Kane appealed her Class D felony conviction on the basis that the trial court abused its discretion in giving final instruction No. 12 on accomplice liability. At trial, her attorney objected to proposed instruction No. 8 on accomplice liability, which said, “You are instructed that when two or more persons combine to commit a crime, each is responsible for the acts of his confederate(s) committed in furtherance of the common design, the act of one being the act of all.”  

After a discussion between Kane’s attorney and the court, the proposed instruction was eventually included in final instruction No. 12 and mirrored the instruction used in Harrison v. State, 269 Ind. 677, 382 N.E.2d 920 (1978). It said, “Where two or more persons combine to commit a crime, each is criminally responsible for the acts of his or her confederates committed in furtherance of common design, the act of each being the act of all.”

A split Court of Appeals affirmed her conviction. Judge Michael Barnes dissented, finding that the final instruction was “outdated and woefully inadequate” and did not include the mental state requirement for accomplice liability.

The justices agreed with Barnes, overturning Kane’s conviction and ordering a retrial. They found the instruction was an incorrect statement of the law as it seemed to impose strict liability on Kane for the unlawful acts of her ex-boyfriend Sam Rifner whether she knew about them or not.

Due to economic reasons, Rifner and Kane had to move back in with their parents. At one point, Rifner’s mom noticed some items in her home were missing and Rifner admitted pawning some of them. Kane’s signature was on two of the pawn tickets. Kane maintained she didn’t know Rifner didn’t have permission to sell the items.

The justices found the error was not harmless because they couldn’t say the verdict would be the same if the jury had been properly instructed as to the knowledge requirement of the offense.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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