Jay Lynn v. State of Indiana
2016 Ind. App. LEXIS 307
| Ind. Ct. App. | 2016Background
- On Dec. 12, 2013, Jay Lynn (61) went to the Indianapolis Social Security office, refused to wait after being told to take a number, and became loud and agitated.
- Security guard Andrew Johnson instructed Lynn to take a number and later to leave after Lynn missed his call; Lynn refused to quiet down.
- Johnson attempted to escort Lynn out by placing a hand under Lynn’s elbow; Lynn struck Johnson’s forearm and then swung a cane at him.
- A scuffle ensued; Johnson grabbed Lynn, both fell, Lynn refused repeated orders to place his hands behind his back, and police arrived and used a dry stun to secure handcuffing.
- Lynn was charged with Class A misdemeanor battery and Class B misdemeanor disorderly conduct; a jury convicted him of battery and disorderly conduct, each as Class B misdemeanors.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lynn) | Held |
|---|---|---|---|
| Whether inclusion of the charging affirmation language in Preliminary Instruction 4 was fundamental error | Instruction followed pattern language and did not prejudice defendant; other instructions made clear charges are not evidence | The affirmation wording ("swear or affirm under penalties of perjury") invaded the jury's province and tacitly supported the State, denying due process; defense failed to contemporaneously object but claims fundamental error | No fundamental error: instruction as a whole did not mislead jury; redaction advisable but not required here |
| Whether the evidence was sufficient to support conviction for disorderly conduct (fighting or tumultuous conduct) | Evidence of loud, aggressive verbal conduct plus physical assault (punch to forearm, cane strike attempt, resisting handcuffing) supports conviction | Argues evidence insufficient or should be weighed in his favor; challenges characterization as "fighting" | Sufficient: factual record supports finding of a hostile encounter both physical and verbal; conviction affirmed |
Key Cases Cited
- Pattison v. State, 54 N.E.3d 361 (Ind. 2016) (standards for reviewing jury instructions and fundamental-error doctrine)
- Bell v. State, 31 N.E.3d 495 (Ind. 2015) (standard for reviewing sufficiency of the evidence)
- J.S. v. State, 843 N.E.2d 1013 (Ind. Ct. App. 2006) (definition of "fight" as a hostile encounter, physical or verbal)