ILNews

Man’s conviction of auto theft upheld

Back to TopCommentsE-mailPrintBookmark and Share

Although a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.

In Joseph Matheny v. State of Indiana, 49A04-1207-CR-347, Joseph Matheny appealed his felony conviction on two grounds. First, he argued that a statement he made regarding his address to an officer was obtained in violation of his constitutional privilege against self-incrimination, so it should not have been admitted at trial. The second is that the trial court abused its discretion in refusing his tendered jury instructions regarding the presumption of innocence.

Matheny was found by police in the early morning of March 24, 2012, sitting in a Honda Accord in a ditch with front end damage. The Accord belonged to a woman who reported it stolen from downtown Indianapolis the previous evening. Matheny appeared intoxicated and dropped the car’s key on the ground.

Matheny refused to identify himself, but when officers found his wallet and asked him to confirm his address, Matheny said he lived at Wheeler Mission. The mission is located very close to where the Accord was stolen. After he answered the officers, Matheny was read his Miranda  rights.

The judges affirmed the admittance of Matheny’s statement of his address to police, because questions regarding address do not fall within Miranda’s purview, Judge Terry Crone wrote.

“The fact that Matheny’s residence was ultimately incriminating does not retroactively transform Officer’s Klonne routine identification questions into interrogation for purposes of Miranda,” he wrote.

The judges found one of Matheny’s two tendered jury instructions was an incomplete and there was no error in not admitting it. But the court did err in not admitting the other instruction, the judges ruled, because Instruction No. 14, as the state had argued, did not adequately convey the essential principle that the jury should attempt to fit the evidence to the presumption that the accused is innocent.

The jury was instructed that Matheny was presumed innocent, didn’t have to prove his innocence, and the state had to prove he is guilty. In addition, the evidence doesn’t support a reasonable theory of innocence, Crone wrote, so the refusal to give the instruction was harmless error.  

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

ADVERTISEMENT