Brad W. Passwater v. State of Indiana
2013 Ind. LEXIS 507
| Ind. | 2013Background
- Brad W. Passwater was convicted of murder and found guilty but mentally ill; he received an executed 60-year term and later 55-year sentence on remand.
- Passwater sought post-conviction relief alleging ineffective assistance of trial counsel, including failure to object to the penal-consequences jury instruction.
- At trial, defense sought an instruction on penal consequences for guilty but mentally ill and not responsible by insanity; the court gave the Georgopulos-based instruction over defense objection.
- The jury returned a guilty but mentally ill verdict; appellate court affirmed but remanded for resentencing to 55 years.
- Post-conviction court denied relief; Passwater appealed, challenging only the jury instruction claim.
- This Court grants transfer and addresses the effectiveness of counsel regarding the jury instruction and, proceeding, endorses a revised instructional approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel ineffective for not objecting to the penal-consequences instruction? | Passwater | State | No reversible error; no prejudice shown under Strickland |
| Was the Georgopulos-based instruction an appropriate statement of penal consequences? | Passwater | State | Instruction was appropriate; court endorses revised pattern instruction |
| Should the Georgopulos instruction be reconsidered and replaced by Pattern Jury Instructions 11.20? | Passwater | State | Yes; Georgopulos instruction is superseded by Indiana Pattern Jury Instruction 11.20 |
Key Cases Cited
- Georgopulos v. State, 735 N.E.2d 1138 (Ind. 2000) (approved penalty-consequences instruction for GBI/Not Responsible at trial)
- Schweitzer v. State, 552 N.E.2d 454 (Ind. 1990) (general rule about jury instruction on penal ramifications)
- Wrinkles v. State, 749 N.E.2d 1179 (Ind. 2001) (prejudice standard for failure to object to trial error)
- Warren v. State, 725 N.E.2d 828 (Ind. 2000) (endorsed approval of defense-preferred instructions)
- Weatherford v. State, 619 N.E.2d 915 (Ind. 1993) (standard for reversal when trial court error)