Mitchell Burton v. State of Indiana
2012 Ind. App. LEXIS 596
| Ind. Ct. App. | 2012Background
- Burton was convicted of resisting law enforcement (Class D felony) after a jury trial in Feb. 2012; he appeals from a bench or jury verdict with a sentence of suspended 18 months and probation.
- The incident involved three uniformed South Bend officers responding to a non-injury parking-lot accident observed by Northcutt around 4:30–5:00 a.m. on Dec. 25, 2010; Burton was in a silver car that appeared to be asleep and idling, with a vehicle bumping another car.
- The officers used force to subdue Burton after breaking a window and pulling him from the car; Burton sustained facial fractures.
- Video (the DVD from Officer Schlegelmilch’s car) showed the sequence leading to Burton’s extraction and alleged threats by an officer; there were conflicting trial testimonies about the events.
- The trial court refused Burton’s tendered jury instructions on self-defense and excessive force; the Court of Appeals evaluated these instructions under standard abuse-of-discretion review and found merit in Burton’s theories.
- The appellate court vacated Burton’s conviction and remanded for the trial court to vacate the conviction, based on reversible error in refusing the tendered instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused its discretion by not giving self-defense instructions | Burton argues the DVD-supported self-defense theory warranted instructions. | State contends evidence did not support self-defense instructions. | Yes; error not harmless; judgment vacated and remanded. |
| Whether the court should have given excessive force instructions | Burton sought instructions on excessive force by police as objectively unreasonable. | State contends no basis in the record to instruct on excessive force. | Yes; instructions warranted; conviction vacated and remanded. |
Key Cases Cited
- Howard v. State, 755 N.E.2d 242 (Ind. Ct. App. 2001) (entitlement to jury instruction on any theory of defense with some evidentiary basis)
- Shoultz v. State, 735 N.E.2d 818 (Ind. Ct. App. 2000) (excessive force analysis; objective reasonableness under Fourth Amendment)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness of force judged from officers' perspective on scene)
- Barnes v. State, 946 N.E.2d 572 (Ind. 2011) (addressed use of force; cited regarding Shoultz effects)
- Wilson v. State, 842 N.E.2d 443 (Ind. Ct. App. 2006) (instruction adequacy and aiding jury understanding)
- Overstreet v. State, 783 N.E.2d 1140 (Ind. 2003) (standard for evaluating jury instructions)
- Snell v. State, 866 N.E.2d 392 (Ind. Ct. App. 2007) (harmless error analysis for refused instructions)