948 N.E.2d 1197
Ind. Ct. App.2011Background
- Jones was convicted of Murder, Auto Theft, and Theft; admitted to habitual offender status; sentenced to 98 years.
- Takash was found dead from asphyxiation in Hamilton County; vehicle and money missing.
- Sprinkle reported Jones was missing and had possible Kokomo connections; surveillance placed Takash’s vehicle in Kokomo.
- Jones testified he used force to subdue Takash during an alleged self-defense scenario; jury was instructed on self-defense.
- The defense sought jury instructions on Reckless Homicide and Involuntary Manslaughter; trial court refused.
- On appeal, Jones argues the court abused its discretion by not instructing on lesser-included offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by denying Reckless Homicide and Involuntary Manslaughter instructions | Jones | State | No abuse; refusals proper |
Key Cases Cited
- Wright v. State, 658 N.E.2d 563 (Ind. 1995) (three-step test for lesser included offenses; factual dispute prerequisite)
- Horan v. State, 682 N.E.2d 502 (Ind.1997) (denial proper when conduct shows awareness of possible death)
- Lyttle v. State, 709 N.E.2d 1 (Ind.1999) (overwhelming evidence prevents lesser-included instruction)
- Chanley v. State, 583 N.E.2d 126 (Ind.1991) (serious evidentiary dispute standard for lesser offenses)
- Etienne v. State, 716 N.E.2d 457 (Ind.1999) (knowingly kills requires awareness of high probability)
- Erlewein v. State, 775 N.E.2d 712 (Ind.Ct.App.2002) (involuntary manslaughter not inherently included if not charged)
- Evans v. State, 727 N.E.2d 1072 (Ind.2000) (involuntary manslaughter not inherently included offense)
- Roberts v. State, 894 N.E.2d 1018 (Ind.Ct.App.2008) (state may foreclose lesser offense via charging instrument)
- Champlain v. State, 681 N.E.2d 696 (Ind.1997) (review of trial court discretion when no serious evidentiary dispute)