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Williams v. State2/7/2003
Jury instructions are solely in the discretion of the trial court and will be reversed only if the trial court abuses that discretion. Walker v. State, 769 N.E.2d 1162, 1168 (Ind. Ct. App. 2002), trans. denied. Jury instructions inform the jury of the law applicable to the facts of the particular case. Id. The instructions can be found erroneous if they misstate the law or otherwise mislead the jury. Id. On appeal, we presume that the jury followed the instructions tendered by the trial court. Id.
Williams argues that the trial court abused its discretion when it gave Final Instruction Number 10D to the jury. Final Instruction 10D stated:
A person engaged in the commission of an unlawful act is criminally liable for probable and natural consequences of their common plan, including acts committed by one's confederate. Appellant's App. p. 172.
Specifically, Williams contends that the language within the instruction creates a mandatory presumption, which shifts the burden of proof to him.
In Walker v. State, a similar instruction was challenged as creating a mandatory presumption. 769 N.E.2d 1162, 1168 (Ind. Ct. App. 2002). The challenged instruction stated:
It is a fundamental principle of law that . . . each person is criminally responsible for the actions of each other person which were a probable and natural consequence of their common plan even though not intended as part of the original plan. Id. (emphasis in original).
In Walker, this court held that a reasonable juror could have understood the instruction to be a mandatory presumption that shifted the burden of proving the intent to commit the crimes to the defendant. Id. at 1170. The phrase "fundamental principle" was found to create a presumption because "it is clear that whatever concept . . . denotes or describes must be of such importance that a reasonable person could assume its status as such." Id. The presumption was mandatory because the use of the word "is" indicated a mandate for the jury to presume the defendant's intent, and the jurors were not told they had a choice. Id.
In our case, Final Instruction 10D could reasonably be understood to create a mandatory presumption because the use of the word "is" indicates a mandate for the jury to presume the defendant's intent. Walker, 769 N.E.2d at 1170. Although this may be true, "`the potentially offending words must be considered in the context of the [instructions] as a whole. Other instructions might explain the particular infirm language to the extent that a reasonable juror could not have considered the [instruction] to have created an unconstitutional presumption.'" Id. at 1168 (quoting Francis v. Franklin, 471 U.S. 307, 315 (1985)).
Here, the jury was also given Final Instruction 10C, which states:
A person is responsible for the actions of another person when, either before or during the commission of a crime, he knowingly aids, induces, or causes the other person to commit a crime, even if the other person:
1. Has not been prosecuted for the offense[;]
2. Has not been convicted of the offense; or
3. Has been acquitted of the offense.
To aid is to knowingly support, help, or assist in the commission of a crime.
In order to be held responsible for the actions of another, he need only have knowledge that he is helping in the commission of the charged crime. He does not have to personally participate in the crime nor does he have to be present when the crime is committed.
Proof of the defendant's failure to oppose the commission of a crime, companionship with the person commi
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