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Wednesday, September 13, 2006

Ind. Decisions - Supreme Court posts another opinion dated 9/12/06 [Updated]

In Otis Freshwater v. State of Indiana, a 6-page, 5-0 opinion, Justice Sullivan writes:

Defendant Otis Freshwater was convicted of burglary. He appeals, contending that the State did not prove one of the essential elements of the crime of burglary: that, when he broke into and entered a building, he did so with the intent to commit theft. Long-standing precedent of this Court dictates that “some fact in evidence must point to an intent to commit a specific felony.” We agree with Freshwater that there was no such evidence here and reverse the judgment of the trial court. * * *

There is language in several opinions of the Court of Appeals to the effect that a lesser quantum of evidence than that demanded by Justice and Gebhart will satisfy the intent to commit a felony element in a burglary case. * * * [T]his is not a correct statement of the law. Justice and Gebhart dictate that in order to sustain a burglary charge, the State must prove a specific fact that provides a solid basis to support a reasonable inference that the defendant had the specific intent to commit a felony. No such fact was proven here. The time at and method by which Freshwater entered the car wash suggest nothing more than that he broke in. He could have done so for any number of reasons that do not include theft. The State has failed to provide evidence that his reason was to commit theft. * * *

We reverse the judgment of the trial court.

[Update] Michael Ausbrook of INCourts has an analysis of this ruling, its history and implications here.

Posted by Marcia Oddi on September 13, 2006 02:56 PM
Posted to Ind. Sup.Ct. Decisions