Indiana Supreme Court

Christapher Batchelor, Appellant (defendant) v. State of Indiana, Appellee (plaintiff)

March 18, 2019119 N.E.3d 550

Summary

The Indiana Supreme Court held that the challenged fleeing instruction impermissibly introduced a reasonable-driver negligence standard and could mislead the jury about the required knowing or intentional mens rea. The court nevertheless affirmed because the complete jury charge correctly stated the statutory elements and burden of proof, and the overwhelming evidence made the instructional defect harmless. The court also held that Batchelor's failure to object was waiver rather than invited error because the record showed no affirmative conduct based on a deliberate trial strategy, and it disapproved the challenged instruction for future use.