Jamar Washington v. State of Indiana
973 N.E.2d 91
Ind. Ct. App.2012Background
- Washington injured police officers and wrestled onlookers during a club-altercation with Brown and Crayton; five officers restrained him.
- Brown, Washington’s live-in girlfriend, arrived at the club with their eight-month-old to confront Washington after a Facebook message with another woman’s photo surfaced.
- Brown hit Washington and Crayton; Washington attempted to break up the fight and was later accused of resisting officers.
- Officers Young, Barbieri, and Weilhamer attempted to restrain Washington, who caused Weilhamer to concussion and was kicked by Barbieri.
- State charged Washington with multiple felonies and a misdemeanor; defense sought a jury instruction on defense of another person.
- Trial court gave a pattern defense-of-another instruction; Washington requested two additional instructions which were refused; the jury convicted on lesser-included offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury was properly instructed on defense of another person. | State concedes instruction 3 correct; instruction 4 contested. | Washington argued two extra instructions were necessary. | No abuse; pattern instruction adequate; remanded for corrected abstract of judgment. |
Key Cases Cited
- Franklin v. State, 266 Ind. 540 (Ind. 1977) (defense-of-another law language cited as correct but sufficiency not on point for instructions)
- Ludy v. State, 784 N.E.2d 459 (Ind. 2003) (language not automatically instructional for juries despite appellate use)
- French v. State, 273 Ind. 251 (Ind. 1980) (instruction inadequate for failing to explain reasonable belief and judging from defendant’s viewpoint)
- Shaw v. State, 534 N.E.2d 745 (Ind. 1989) (jury may rely on reasonable belief standard; supports sufficiency of pattern instruction)
- Davis v. State, 691 N.E.2d 1285 (Ind. Ct. App. 1998) (approval of pattern self-defense instruction identical in relevant respects)
- Gravens v. State, 836 N.E.2d 490 (Ind. Ct. App. 2005) (prefers pattern instructions but requires careful comparison to French)