David Howard v. State of Indiana (mem. dec.)
49A02-1704-CR-752
| Ind. Ct. App. | Nov 15, 2017Background
- On Feb. 26, 2014 police found David Howard in his apartment with a gunshot wound under his chin and a handgun hidden in a shoe; officers concluded the wound appeared self-inflicted.
- Howard was charged with unlawful possession of a firearm by a serious violent felon (predicate: a prior Class C felony battery) and later with being an habitual offender.
- Howard moved to bifurcate trial phases (possession first; predicate felonies later) as he feared prejudice from early disclosure of prior convictions.
- After the court initially rejected his proposed phased jury procedure, Howard proposed and agreed to a stipulation that he was a person prohibited from possessing a firearm; the stipulation was read to the jury.
- The jury found Howard guilty in phase one (possession). After verdict, Howard stipulated to the predicate felony and prior convictions; the court entered conviction and adjudicated him an habitual offender.
- On appeal Howard challenged (1) whether his right to a jury trial on all elements was violated in phase one, and (2) whether he validly waived his jury right on the habitual-offender enhancement.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Howard) | Held |
|---|---|---|---|
| Whether Howard was denied his right to a jury trial on the predicate felony element in phase one | Sufficient evidence supported conviction; Howard invited any error by stipulating | Trial court erred by not having the jury decide the predicate felony as an element | Conviction for unlawful possession affirmed — any error was invited/waived or insufficiently shown |
| Whether Howard waived the right to a jury trial on the habitual-offender enhancement | Conceded remand appropriate to secure a valid waiver or submit enhancement to a jury | Waiver was not shown to be voluntary, knowing, and intelligent | Adjudication as habitual offender reversed; remanded for waiver colloquy or jury trial on enhancement |
Key Cases Cited
- Wright v. State, 828 N.E.2d 904 (Ind. 2005) (doctrine of invited error grounded in estoppel)
- Brewington v. State, 7 N.E.3d 946 (Ind. 2014) (constitutional errors may be invited)
- Hill v. State, 51 N.E.3d 446 (Ind. Ct. App. 2016) (invited error precludes relief for counsel strategy gone awry)
- Slone v. State, 912 N.E.2d 875 (Ind. Ct. App. 2009) (stipulation to fact proving an element removes State’s burden to prove that element)
- O’Connor v. State, 796 N.E.2d 1230 (Ind. Ct. App. 2003) (valid jury-waiver must be voluntary, knowing, and intelligent and appear on the record)