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Jackson v. State6/30/1998
t out in Kinsey:
1. To warrant a separate instruction, a defendant's theory of defense must be a legal defense recognized in the law, i.e. statutes or caselaw. (Kinsey at 633)
2. Legal defenses are matters which go to the legal exoneration of guilt or evidence which may reduce the charge to a lesser included offense. (Kinsey at 633)
3. Once presented, it is the responsibility of the trial Judge to determine if the evidence is sufficient to support the instruction. (Kinsey at 633)
4. The measure of legal sufficiency is the "any competent evidence" standard as applied to establishing a prima facie proof of the defense. Therefore, if there is any competent evidence in the record, viewed in the light most favorable to the defendant, from which the jury could determine the existence of the legal defense, then the defendant is entitled to an instruction on the defense.
5. In applying the "any competent evidence" standard, the Court should (a) Identify and define the specific elements necessary for the requested instruction, i.e. either statutory or case law elements for the defense; (b) Consider the evidence presented which meets the standard to determine whether such evidence supports each element of the defense; and (c) If the requested instruction is not supported by competent evidence the Court must reject the requested instruction.
6. In deciding whether a defendant has established a prima facie proof of the defense using the "any competent evidence" standard, the Court shall determine if the competent evidence presented is good and sufficient on its face. That means evidence which, in the judgment of the law, is sufficient to establish a given fact, or the group or chain of facts constituting the defendant's claim or defense, and which if not rebutted or contradicted, will remain sufficient to sustain a judgment in favor of the issue which it supports. The issues of whether the evidence has been rebutted or contradicted are questions of fact for the jury to decide under proper instructions by the Court. The Court shall review the evidence presented to determine if the defendant has established prima facie proof of the defense which would warrant an instruction on the defense without speculating on whether the jury will find the evidence contradicted or rebutted.
Applying this criteria to the facts of this case, I agree with the Court that Appellant failed to present sufficient evidence to support the giving of instructions on voluntary intoxication.
As I have stated many times before, we need to be consistent and give the trial court clear guidance as to the rule of law to be applied and the standards to be utilized in determining the application of that rule of law. Both in its' Discussion of lesser included offenses and instructions on a defendant's theory of defense, the Court confuses rather than clarifies the issues. Rather than giving objective criteria the Court creates many shades of gray which do not enhance the administration of justice in our courts. By establishing clear, objective criteria in our analysis of issues on appeal, we provide the helpful guidance trial practitioners and Judges deserve. At the same time, we discipline ourselves by providing a consistent method for reviewing the cases which come before us on appeal. That discipline ensures the consistent application of these principles and protects the system of Justice from natural human vacillation based upon how individuals might view the facts after the fact.
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