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Pryor v. Hoskins9/11/2002
ct was not sufficient to necessitate the defendants' obligation to come forward with a racially neutral reason for the challenge on that basis. The reason stated for the challenge was, on its face, racially neutral and has not been shown to be a mere pretext for a racially based challenge. The other two bases for the challenge were clearly racially neutral. For the reasons stated herein, in addition to the rationale supplied by the majority opinion, I concur in the reversal and the remand for a new trial.
With regard to Part 3 of the majority opinion, the giving of Instruction 13 was held erroneous solely because there was no evidence that the trailer in question weighed more than 3,000 pounds. Under the evidence of this case, I find two other fatal defects in the tendered instruction.
The instruction refers to the requirement that the vehicle must have two "clearance lamps" on the rear, one on each side, and also a "stoplight." Appellee's App. at 96. The statute, I.C. § 9-19-6-7(4)(E) (Burns Code Ed. Repl. 1997), contains a separate requirement for two "reflectors" on the rear of the trailer or semi-trailer. It is clear, therefore, that clearance lamps and stoplights are not the same thing as reflectors. Accordingly, it stands to reason that the "lamps" or "lights" are precisely that and display a light rather than merely reflect a light back into the eyes of the viewer. Such lights may be either red, amber, or yellow. I.C. § 9-19-6-8 (Burns Code Ed. Repl. 1997). However, it would seem obvious that such lights require a power source and would not be visible if the trailer were unattended. This conclusion is buttressed by the fact that the requirement states that the clearance lamps be visible "at the times lights are required." I.C. § 9-19-6-10 (Burns Code Ed. Repl. 1997).
In this regard, I am unable to perceive that an instruction concerning the use of clearance lamps and a stoplight would have any relevance to a parked and unattended trailer which had been parked and remained parked for a period of several hours.
Furthermore, the instruction states that the visibility requirement for the clearance lamps and stoplight (even assuming them to be in operation at the time in question), is "under normal atmospheric conditions." Appellee's App. at 96 (emphasis supplied). It is unquestioned that the atmospheric conditions at the time with which we are concerned were far from normal. Once again, I fail to perceive any relevance of the tendered instruction to the time, circumstances or conditions present in the case before us.
It is inappropriate to give an instruction which would tend to mislead the jury even though it may contain a correct statement of law in the abstract. Hotz v. Gelsthorpe, 387 N.E.2d 78 (Ind. Ct. App. 1979). As stated in Indianapolis Hous. Auth. v. Pippin, 726 N.E.2d 341, 349 (Ind. Ct. App. 2000):
"The purpose of instructions is to guide the jury in the application of correct principles of law to the facts of the case before them." (emphasis supplied).
The instruction in question did not do so. For this reason, and even if there were evidence that the trailer weighed more than 3,000 pounds, the instruction should have been denied. It should not be given upon retrial.
In all other respects I fully concur.
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