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Williams v. State

Court: Indiana Supreme Court
Date filed: 2000-03-07
Citations: 724 N.E.2d 1093
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ATTORNEY FOR APPELLANT

Janice L. Stevens
Indianapolis, Indiana




ATTORNEYS FOR APPELLEE

Jeffrey A. Modisett
Attorney General of Indiana

Sarah E. Scherrer
Deputy Attorney General
Indianapolis, Indiana
__________________________________________________________________


                                   IN THE



                          SUPREME COURT OF INDIANA

__________________________________________________________________

TONY WILLIAMS,                    )
                                  )
      Appellant (Defendant Below), )
                                  )
            v.                    )     Indiana Supreme Court
                                  )     Cause No. 49S00-9901-CR-45
STATE OF INDIANA,                 )
                                  )
      Appellee (Plaintiff Below).       )
__________________________________________________________________

                    APPEAL FROM THE MARION SUPERIOR COURT
                  The Honorable Jane Magnus-Stinson, Judge
                       Cause No. 49G06-9608-CF-126264
__________________________________________________________________


                              ON DIRECT APPEAL

__________________________________________________________________
                                March 7, 2000

BOEHM, Justice.

      Tony Williams was convicted of  the  murder  of  Anthony  Winston  and
sentenced to sixty-five years imprisonment.  He raises  a  single  issue  in
this direct appeal:  Whether the reasonable  doubt  instruction  recommended
by this Court in Winegeart v. State, 665 N.E.2d 893, 902  (Ind.  1996),  and
given by the trial court in this case usurped the presumption  of  innocence
and violated his right to due process.  We affirm the trial court.

                      Factual and Procedural Background


      On August 25, 1996, Williams and Anthony Winston got into an  argument
over a woman.   According  to  Williams,  Winston  pointed  a  gun  at  him.
Williams then slashed Winston several  times  with  a  “box  cutter  knife.”
Winston died as the result of bleeding caused by stab wounds  to  the  head,
neck, chest, and extremities. A jury convicted Williams of  murder  and  the
trial court sentenced him to sixty-five years imprisonment.

                        Reasonable Doubt Instruction


      The trial court gave the  following  instruction  defining  reasonable
doubt:
           The State has the burden of proving the defendant guilty  beyond
      a reasonable doubt.  Some of you may have served as  jurors  in  civil
      cases, where you were told that it is only necessary to prove  that  a
      fact is more likely true  than  not  true.   In  criminal  cases,  the
      state’s proof must be more powerful than that.  It must  be  beyond  a
      reasonable doubt.
           Proof beyond a reasonable doubt is proof that leaves you  firmly
      convinced of the defendant's guilt.  There are very few things in this
      world that we know with absolute certainty, and in criminal cases  the
      law does not require proof that overcomes every possible  doubt.   If,
      based on your consideration of the evidence, you are firmly  convinced
      that the defendant is guilty of the crime charged, you should find him
      guilty.  If, on the other hand, you think there is a real  possibility
      that he is not guilty, you should give him the benefit  of  the  doubt
      and find him not guilty.


This is a near verbatim recitation of the Federal  Judicial  Center  pattern
instruction recommended by a majority of this Court in Winegeart  v.  State,
665 N.E.2d 893, 902 (Ind. 1996).  Williams objected to the last sentence  of
the instruction on the ground that it was “at odds with the  presumption  of
innocence.”[1]  He contends that the language “if . . . you think  there  is
a real possibility that he is not guilty, you should give  him  the  benefit
of the doubt” is  inconsistent  with  the  presumption  of  innocence.   His
contention is that the benefit of the doubt is extended to  all  defendants,
not only those whom the jury feels there is a  “real  possibility”  are  not
guilty.  He further contends that the instruction “tells the jurors if  they
believe the  defendant  is  actually  guilty,  they  should  not  apply  the
presumption of innocence and the requirement of proof  beyond  a  reasonable
doubt in rendering a verdict.”
      The Due Process Clause of the Fourteenth Amendment requires the  State
to prove every element of a charged offense beyond a reasonable doubt.   See
In re Winship, 397 U.S. 358, 364  (1970).   As  the  Supreme  Court  of  the
United States has observed, “[a]lthough this  standard  is  an  ancient  and
honored aspect of our criminal justice system, it defies easy  explication.”
 Victor v. Nebraska, 511 U.S.  1,  5  (1994);  see  also  United  States  v.
Rodriguez, 162 F.3d 135, 145 (1st Cir. 1998), cert. denied 119 S.  Ct.  2034
(1999) (“The term ‘beyond a reasonable doubt’ is one of  the  most  bandied,
but perhaps least precisely defined phrases in criminal law.”).  “[S]o  long
as the court instructs the jury on the necessity that the defendant’s  guilt
be proved beyond a reasonable doubt, the Constitution does not require  that
any  particular  form  of  words  be  used  in  advising  the  jury  of  the
government’s burden of proof.”  Victor, 511 U.S. at  5  (citation  omitted).
The dispositive issue is “whether there is a reasonable likelihood that  the
jury  understood  the  instructions  to  allow  conviction  based  on  proof
insufficient to meet the  Winship  standard.”   Id.  at  6.   As  a  general
proposition,  jury  instruction  lies  largely  within   a   trial   court’s
discretion.  See Benefiel v. State, 716 N.E.2d 906, 914  (Ind.  1999).   “To
constitute an abuse of discretion, the instruction given must be  erroneous,
and the instructions taken as a whole must misstate  the  law  or  otherwise
mislead the jury.”  Coleman v. State, 703 N.E.2d  1022,  1027  (Ind.  1998),
petition for cert. filed (U.S. Aug. 9, 1999) (No. 99-5670).
      Here, the trial court’s instruction  began  with  the  statement  that
“[t]he State has the  burden  of  proving  the  defendant  guilty  beyond  a
reasonable doubt.”  In Barber v. State, 715 N.E.2d 848, 851-52 (Ind.  1999),
we held that, in light of the  first  sentence  of  the  instruction,  which
clearly stated that the State bore the burden of proof beyond  a  reasonable
doubt, the Winegeart instruction did  not  shift  the  burden  of  proof  in
violation of the  Due  Process  Clause.   In  addition,  in  this  case  the
presumption of innocence and the State’s burden  to  prove  Williams  guilty
beyond a  reasonable  doubt  were  explained  in  greater  detail  by  other
instructions given by the trial court.  As the  Court  of  Appeals  for  the
District of Columbia Circuit observed, the Federal Judicial  Center  pattern
instruction “does not suggest that the defendant must be the source  of  the
‘real possibility’ of innocence; it only discusses  the  consequences  if  a
reasonable doubt does arise.” United States v. Taylor, 997 F.2d  1551,  1557
(D.C. Cir. 1993) (citing United States v. Hunt, 794  F.2d  1095,  1101  (5th
Cir. 1986).  Moreover,  the  trial  court  had  “charged  the  jury  on  the
presumption  of  innocence  and  the  government’s  burden  of  proof,  thus
eliminating any  concern  that  the  jury  might  think  the  defendant  was
required to show a ‘real possibility’ of his own innocence.”  Id.
      Although this instruction appears to be widely  used  as  a  means  of
explaining the nebulous concept  of  reasonable  doubt  to  jurors  in  many
jurisdictions, Williams points to no case from  any  jurisdiction  that  has
found it to undermine the presumption of innocence or  otherwise  deprive  a
defendant of his or her liberty without due process of law in  violation  of
the Fourteenth Amendment.[2]   Indeed,  a  number  of  federal  courts  have
rejected  Fifth  Amendment  challenges  to  the  final  sentence   of   this
instruction.  See Rodriguez, 162 F.3d at 146 (“The phrase ‘real doubt’  does
not suffer the infirmity of requiring the jury to have ‘grave  uncertainty,’
‘substantial doubt,’ and a ‘real  tangible  substantial  basis’  for  doubt,
before they can acquit, as the unconstitutional instruction did in  Cage  v.
Louisiana.”) (citation omitted)[3]; United States v. Artero, 121 F.3d  1256,
1258 (9th Cir. 1997); United States v. Conway, 73 F.3d 975, 980  (10th  Cir.
1995) (“[T]he ‘firmly convinced’ language, juxtaposed  with  the  insistence
that a jury must acquit in the presence of ‘a  real  possibility’  that  the
defendant is not guilty, is a correct and comprehensible  statement  of  the
reasonable doubt standard.  Also, we reject the defendant’s contention  that
the phrase ‘real possibility,’ as opposed  to  ‘possibility,’  impermissibly
shifts the burden of proof.”); United States v. Williams, 20 F.3d  125,  131
(5th Cir. 1994); United States v. Bustillo, 789 F.2d 1364,  1368  (9th  Cir.
1986).[4]
      In sum, the trial court did not abuse its  discretion  by  giving  the
instruction a majority of this Court recommended in Winegeart.[5]





                                 Conclusion


      The judgment of the trial court is affirmed.

      SHEPARD, C.J., and DICKSON, SULLIVAN and RUCKER, JJ., concur.
-----------------------
[1] Williams also tendered, and the trial court gave, the alternative
definition of reasonable doubt that appears as Pattern Instruction 1.16.
          A reasonable doubt is a fair, actual and logical doubt that arises
      in your mind after an impartial consideration of all the evidence  and
      circumstances in the case.  It should be a doubt based upon reason and
      common sense and not a doubt based upon imagination or speculation.
          To prove the defendant’s  guilt  of  the  elements  of  the  crime
      charged beyond a reasonable doubt, the evidence must be such  that  it
      would convince you of the truth of it, to such a degree  of  certainty
      that you  would  feel  safe  to  act  upon  such  conviction,  without
      hesitation, in a matter of the highest concern and importance to you.
Although Williams’ argument in this appeal focuses on the Winegeart
instruction, he also suggests that giving two instructions on the subject
was confusing.   However, because any confusion was created by the trial
court giving the instruction he tendered, he cannot claim error on this
basis.
[2]  Although not cited by Williams, we note that two federal cases have
cautioned against the use of the words "real possibility" in a reasonable
doubt instruction.  See United States v. Porter, 821 F.2d 968, 973 (4th
Cir. 1987); United States v. McBride, 786 F.2d 45, 51-52 (2d Cir. 1986).
In addition, the Hawaii Court of Appeals has also expressed disapproval of
this language, and found an instruction similar to the one in this case to
be reversible error based on the "firmly convinced" language.  See State v.
Perez, 976 P.2d 427, 441-42 (Haw. Ct. App. 1998), cert. granted on other
grounds by 976 P.2d 379 (Haw. 1999).  This decision was based on the due
process clause of the Hawaii Constitution, see Haw. Const. art. I, §5,
which is identical to the Fourteenth Amendment.  We have found no other
decisions holding this instruction to violate either a state constitution
or the federal constitution.  As this Court observed in Winegeart, the
Arizona Supreme Court found this instruction to be the one that "most
fairly and accurately conveys the meaning of reasonable doubt" and ordered
it be given in every future criminal case.  See 665 N.E.2d at 902 (quoting
State v. Portillo, 898 P.2d 970, 974 (Ariz. 1995)).  Although not
specifically recommending or requiring its use, a number of other state
courts have upheld the giving of substantially similar versions of this
instruction.  See, e.g., State v. Merwin, 962 P.2d 1026, 1031-32 (Idaho
1998); State v. Darby, 477 S.E.2d 710 (S.C. 1996); State v. Castle, 935
P.2d 656, 657-61 (Wash. Ct. App. 1997).
[3]  As the U.S. Supreme Court observed in Victor, “[i]n only one case have
we held that a definition of reasonable doubt violated the Due Process
Clause.”  511 U.S. at 5 (citing Cage v. Louisiana, 498 U.S. 39 (1990)).
Williams does not claim the instruction in his case suffers from the
deficiencies identified in Cage.
[4]  In addition, as this Court observed in Winegeart, 665 N.E.2d at 902,
this instruction has also received the endorsement of Justice Ginsburg:
"This model instruction surpasses others I have seen in stating the
reasonable doubt standard succinctly and comprehensibly."  Victor, 511 U.S.
at 27 (Ginsburg, J., concurring in part and concurring in the judgment).
[5] Williams concludes his brief with the assertion that his conviction
violates his "right to due process and due course of law," citing both the
Fifth and Fourteenth Amendments and Article I, §12 of the Indiana
Constitution.  This is the only mention of the state constitution.  Because
Williams provides no authority or independent analysis supporting a
separate standard under the state constitution, any state constitutional
claim is waived.  See Brown v. State, 703 N.E.2d 1010, 1015 n.4 (Ind.
1998).