• Skip to main content
  • Skip to footer
  • Categories
    • Civil
    • Criminal
    • Juvenile
  • Courts
    • Supreme
    • Appeals
    • Tax
    • SCOTUS
    • 7th Circuit
  • Judges

Case Clips

Published by the Indiana Office of Court Services

Bigger v. State, No. 02A03-1308-CR-315, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).

March 27, 2014 Filed Under: Criminal Tagged With: Appeals, J. Sharpnack

Sharpnack, Senior Judge
In response to the State’s assertion of waiver, Bigger argues in his reply brief that the statute providing for the defense of abandonment does not require a formal pleading or notice of the defense. See Ind. Code § 35-41-3-10 (1977). Although we find no statutory or case law requirement that the defense of abandonment be formally pleaded, our review of this case discloses that the jury was not even aware that they could consider this defense. Bigger did nothing to reveal his intent to rely on the defense of abandonment in this case. He did not file any pleading asserting the defense of abandonment, he did not cross-examine the State’s witnesses regarding evidence of his alleged abandonment, he did not mention his alleged abandonment in closing argument or any other time at trial, and he did not tender any final instructions on the defense of abandonment and the court gave none.
We deem necessary the assertion of the defense in some manner. Were it otherwise, the trier of fact would not know to consider the defense in its deliberations of a defendant’s guilt, as was the case at Bigger’s trial.  . . . .
MAY, J., and CRONE, J., concur.

Read the full opinion

If the link to the opinion in this case isn’t available above, you can search for it at public.courts.in.gov/decisions

Footer

About

Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

Subscribe
  • Flickr
  • RSS
  • Twitter
  • YouTube

Archive

Copyright © 2025 · Indiana Office of Court Services · courts.in.gov/iocs