Dustin E. McCowan v. State of Indiana
27 N.E.3d 760
| Ind. | 2015Background
- McCowan charged with Bach’s murder after her car was found abandoned and her body discovered nearby; trial court instructed jurors on general presumption of innocence and required proof beyond a reasonable doubt; McCowan proposed a Final Jury Instruction emphasizing fitting evidence to the presumption of innocence, which trial court denied; final instructions were largely identical to preliminary ones; McCowan was convicted and punitive sentence imposed; Court of Appeals affirmed; Indiana Supreme Court granted transfer to resolve jury instruction entitlements regarding presumption of innocence.
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Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a presumption-of-innocence instruction continuing through trial is required on request | McCowan insisted on instruction | McCowan seeks continuing-presumption language | Yes, bright-line rule entitled to instruction |
| Whether trial court abused discretion in rejecting McCowan’s proffered instruction | State contends existing instructions suffice | McCowan argues need for specific language | No abuse of discretion; instructions together satisfied law |
| Whether Robey/Farley framework should be applied rigidly or flexibly | Defendant seeks Robey’s flexible standard | Court should adopt flexible approach | Adopt bright-line rule with supporting flexibility in standard analysis |
Key Cases Cited
- Farley v. State, 127 Ind. 419 (1891) (presumption of innocence foundational; proper instruction must be given when requested)
- Robey v. State, 454 N.E.2d 1221 (Ind. 1983) (conflicted rule; instruction must direct innocence throughout trial or be evaluated with flexible standard)
- Lee v. State, 964 N.E.2d 859 (Ind. Ct. App. 2012) (illustrates ongoing challenges with presumption instruction)
- Lampkins v. State, 778 N.E.2d 1248 (Ind. 2002) (three-prong standard for evaluating jury instructions)
- Carter v. Kentucky, 450 U.S. 288 (1981) (due process requires presumption instruction; lack of instruction not per se violation)
- Kentucky v. Whorton, 441 U.S. 786 (1979) (indicates not every omission violates due process)
- Bledsoe v. State, 274 Ind. 286 (1980) (presumption-related instructions and evidentiary considerations)
- Long v. State, 46 Ind. 582 (1874) (historic presumption instruction)