Lynn v. State, No. 977S641

Docket NºNo. 977S641
Citation377 N.E.2d 1357, 268 Ind. 632
Case DateJuly 10, 1978
CourtSupreme Court of Indiana

Page 1357

377 N.E.2d 1357
268 Ind. 632
James A. LYNN, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 977S641.
Supreme Court of Indiana.
July 10, 1978.

Page 1358

Nile Stanton, Stanton, Boyle, Hyatt & Reuben, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

The petitioner (appellant) is before this Court appealing the denial of his petition for post conviction relief, Post Conviction Remedy Rule 1. He was originally charged with and convicted of first degree murder and sentenced to imprisonment for life. On appeal to this Court, his conviction was affirmed. Lynn v. State, (1971) 255 Ind. 631, 266 N.E.2d 8.

In his petition the petitioner raised the following as grounds for setting aside his conviction:

(1) Petitioner was denied fundamental fairness and due process of law in the giving of court's final instructions Nos. [268 Ind. 633] 19 and 28, State's final instruction No. 8 and petitioner's final instruction No. 19.

(2) Under the totality of the circumstances the defendant was denied fundamental fairness and due process of law by the giving of all of the erroneous instructions.

At the petitioner's trial on the criminal charges, the trial court gave several instructions to the jury concerning the defense of insanity, one of which was tendered by the petitioner. Following the post-conviction hearing, the trial court found that no objections to the instructions had been made at trial, that the petitioner's motion to correct errors filed after the trial failed to raise such question and that the instructions were never brought before the Supreme Court during the course of his appeal. It appears from the record before us that the first assignment of error with regard to such instructions was by the petition for post-conviction relief.

Ind.R.Cr.P. 8(B) provides that:

"The court shall indicate on all instructions, in advance of the argument, those that are to be given and those refused. After the court has indicated the instructions to be given, each party shall have a reasonable opportunity to examine such instructions and to state his specific objections to each, out of the presence of the jury and before argument, or specific written objections to each instruction may be submitted to the court before argument. No error with respect to the giving of instructions shall be available as a cause for new trial...

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5 practice notes
  • Williams v. State, No. 2-1284A388
    • United States
    • Indiana Court of Appeals of Indiana
    • February 26, 1986
    ...the trial court. Thus, he has waived error, if any, on this issue. Roberts v. State (1981) Ind.App., 419 N.E.2d 803; Lynn v. State (1978), 268 Ind. 632, 377 N.E.2d Williams next argues there was insufficient evidence to sustain his conviction of burglary. As we have stated many times, the p......
  • Short v. State, No. 381S86
    • United States
    • Indiana Supreme Court of Indiana
    • December 27, 1982
    ...of error on appeal not raised in the Motion to Correct Error is waived. Hooks v. State, (1980) Ind., 409 N.E.2d 618; Lynn v. State, (1978) 268 Ind. 632, 377 N.E.2d Appellant claims the trial court erred in admitting into evidence certain items identified as stolen from Nelson and Area Suppl......
  • Stewart v. State, No. 182S34
    • United States
    • Indiana Supreme Court of Indiana
    • December 14, 1982
    ...of error on these grounds in his Belated Motion to Correct Error. Hooks v. State, (1980) Ind., 409 N.E.2d 618; Lynn v. State, (1978) 268 Ind. 632, 377 N.E.2d Moreover, appellant overlooks the fact that the testimony we held inadmissible in Strong went to the identification of the defendant ......
  • Terry v. State, No. 79A02-8904-PC-00188
    • United States
    • Indiana Court of Appeals of Indiana
    • December 10, 1990
    ...were not challenged at trial nor in the direct appeal. A question of waiver may therefore seem to be present. See Lynn v. State (1978) 268 Ind. 632, 377 N.E.2d 1357; see also Reid v. State (1988) Ind., 529 N.E.2d 1309. Our Supreme Court's unequivocal holding in Abdul-Wadood v. State (1988) ......
  • Request a trial to view additional results
5 cases
  • Williams v. State, No. 2-1284A388
    • United States
    • Indiana Court of Appeals of Indiana
    • February 26, 1986
    ...the trial court. Thus, he has waived error, if any, on this issue. Roberts v. State (1981) Ind.App., 419 N.E.2d 803; Lynn v. State (1978), 268 Ind. 632, 377 N.E.2d Williams next argues there was insufficient evidence to sustain his conviction of burglary. As we have stated many times, the p......
  • Short v. State, No. 381S86
    • United States
    • Indiana Supreme Court of Indiana
    • December 27, 1982
    ...of error on appeal not raised in the Motion to Correct Error is waived. Hooks v. State, (1980) Ind., 409 N.E.2d 618; Lynn v. State, (1978) 268 Ind. 632, 377 N.E.2d Appellant claims the trial court erred in admitting into evidence certain items identified as stolen from Nelson and Area Suppl......
  • Stewart v. State, No. 182S34
    • United States
    • Indiana Supreme Court of Indiana
    • December 14, 1982
    ...of error on these grounds in his Belated Motion to Correct Error. Hooks v. State, (1980) Ind., 409 N.E.2d 618; Lynn v. State, (1978) 268 Ind. 632, 377 N.E.2d Moreover, appellant overlooks the fact that the testimony we held inadmissible in Strong went to the identification of the defendant ......
  • Terry v. State, No. 79A02-8904-PC-00188
    • United States
    • Indiana Court of Appeals of Indiana
    • December 10, 1990
    ...were not challenged at trial nor in the direct appeal. A question of waiver may therefore seem to be present. See Lynn v. State (1978) 268 Ind. 632, 377 N.E.2d 1357; see also Reid v. State (1988) Ind., 529 N.E.2d 1309. Our Supreme Court's unequivocal holding in Abdul-Wadood v. State (1988) ......
  • Request a trial to view additional results

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