Willie L. Amos v. State of Indiana (mem. dec.)
02A03-1710-CR-2304
Ind. Ct. App.Mar 6, 2018Background
- Amos and York had a prior romantic relationship and a protective order; Amos continued to threaten York after the breakup.
- On August 24, 2016, Amos chased York, shot at her car, rammed her vehicle repeatedly, then retrieved a gun after crashing.
- Amos fired multiple shots at York at close range, shot her in the leg and back while she lay face-down, then kicked and stomped her; York suffered major injuries and long-term impairment.
- Amos was charged with Attempted Murder (Level 1), Unlawful Possession of a Firearm by a Serious Violent Felon (Level 4), and Dealing in a Schedule I Controlled Substance (Level 2).
- At trial Amos requested a jury instruction on Battery with a Deadly Weapon (Level 5) as a lesser-included offense of Attempted Murder; the trial court refused.
- Amos was convicted on all counts and appealed solely arguing the trial court abused its discretion by refusing the battery instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by refusing to instruct the jury on Battery with a Deadly Weapon as a lesser-included offense of Attempted Murder | State: Battery was not warranted because the evidence showed intent to kill; no serious evidentiary dispute on intent | Amos: There was a factual dispute over intent to kill versus intent to batter, so a battery instruction should have been given | Court: No abuse of discretion—battery was factually included but record did not show a serious evidentiary dispute about intent to kill, so refusal was proper |
Key Cases Cited
- Wright v. State, 658 N.E.2d 563 (1995) (establishes three-part test for lesser-included offense instructions)
- Wilson v. State, 765 N.E.2d 1265 (2002) (describes application of Wright test and standard of review)
- Pinkston v. State, 821 N.E.2d 830 (Ind. Ct. App. 2004) (discusses review when defendant identifies specific evidentiary dispute)
- Brown v. State, 703 N.E.2d 1010 (1998) (addresses trial court findings and review when court rejects tendered instruction)
- Leon v. State, 525 N.E.2d 331 (1988) (holding that battery is not inherently lesser-included of attempted murder but can be factually included)
- Richeson v. State, 704 N.E.2d 1008 (1998) (defines elements of attempted murder)
- Fuentes v. State, 10 N.E.3d 68 (Ind. Ct. App. 2014) (intent to kill may be inferred from use of deadly weapon and nature of attack)