Massa, J.
Among the most fundamental precepts of American criminal justice is that the accused is presumed innocent until proven guilty beyond a reasonable doubt. Today we examine our holding in Robey v. State, 454 N.E.2d 1221 (Ind. 1983), and state unequivocally and prospectively that it is the absolute right of every criminal defendant to receive the following jury instruction upon request: “The presumption of innocence continues in favor of the defendant throughout the trial. You should fit the evidence to the presumption that the defendant is innocent if you can reasonably do so.” In this case, however, the jury instructions adequately encompassed these principles, which was the minimum required by prior precedent, and thus the trial court’s failure to use this precise language was not error.
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Over ninety years later, we reconsidered this issue in Robey v. State, 454 N.E.2d 1221 (Ind. 1983). In Robey, the defendant requested a jury instruction on the presumption of innocence with language similar to that approved in Farley, and the trial court rejected it. Id. at 1222. The Robey panel began its analysis by reiterating the rule in Farley, that “an instruction . . . which advises the jury that the presumption of innocence prevails until the close of the trial, and that it is the duty of the jury to reconcile the evidence upon the theory of the defendant’s innocence if they could do so, must be given if requested.” Id. Robey then ruled, however, that the trial court had not abused its discretion in refusing the defendant’s requested instruction, because the given instructions “adequately directed the jury to receive and evaluate the trial evidence while in the posture of presuming the defendant innocent and demanding of the State that it produce strong and persuasive evidence of guilt wholly at odds with innocence.” Id. Robey thus simultaneously enunciated two conflicting requirements—a bright line rule, and a more flexible standard—without explanation of which was dicta and which was the rule.
2. Recent developments in precedent
Thereafter this issue was largely ignored, until it was resurrected before our Court of Appeals in Lee v. State, 964 N.E.2d 859 (Ind. Ct. App. 2012). In Lee, the defendant proffered a jury instruction which contained the three concepts from Farley and Robey regarding the presumption of innocence. Id. at 863. The trial court rejected the proposed instruction, finding its substance was adequately addressed by other instructions. Id. But the trial court then instructed the jury only as to the presumption of innocence, without mentioning the presumption continues throughout the trial or the jury should fit the evidence to the theory of innocence. Id. Finding this instruction inadequate and citing Robey’s bright line rule, the Court of Appeals reversed Lee’s conviction. Id. at 864–65.
After Lee, our Court of Appeals has been inundated with defendants challenging the adequacy of jury instructions they received on the presumption of innocence. [Citations omitted.] In some instances, the Court of Appeals has determined that rejection of the defendant’s proffered instruction was not an abuse of discretion, because the court instructed the jury on the presumption of innocence, and that the presumption continues throughout the trial. See Santiago, 985 N.E.2d at 763; Albores, 987 N.E.2d at 100–02. Other panels have found that instructing the jury on the presumption of innocence and fitting the evidence to that presumption was adequate. Smith, 981 N.E.2d at 1269; Simmons, 999 N.E.2d at 1011–12; Brakie, 999 N.E.2d at 996. Still another has held that it was error for the trial court to instruct the jury only as to the presumption of innocence, but that such error was harmless because defense counsel also referenced fitting the evidence to the theory of innocence in his closing argument. See Matheny, 983 N.E.2d at 681–82. Several of these opinions, including the opinion below in this case, also cite the more flexible standard from Robey as grounds to deviate from Farley/Robey’s bright line rule. See, e.g., McCowan, 10 N.E.3d at 537; Albores, 987 N.E.2d at 100; Santiago, 985 N.E.2d at 762; Matheny, 987 N.E.2d at 1170. While we commend our Court of Appeals for its consistently thoughtful opinions, we take this opportunity to resolve the conflicting language of Robey, so that our courts need not expend significant time and energy on this issue ever again.
3. A bright line going forward
We hereby confirm the bright-line rule approach that Farley and Robey suggest. A defendant in a criminal case is per se entitled to a jury instruction that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. Long, 46 Ind. at 587; Carter, 450 U.S. at 302 n.19. In addition, the defendant is entitled to request the following jury instruction, and the trial court must give this instruction if requested: “The presumption of innocence continues in favor of the defendant throughout the trial. You should fit the evidence to the presumption that the defendant is innocent if you can reasonably do so.” If the defendant adds to or varies this language in his request, inclusion of that variation remains within the discretion of the trial court, under the traditional three-prong analysis established by our jurisprudence.4 See Lampkins, 778 N.E.2d at 1253.
Rush, C.J., and Dickson, Rucker, and David, JJ., concur.
4 Of particular note are the following two paragraphs, which were part of the instruction approved by Robey, 454 N.E.2d at 1222:
If the evidence in this case is susceptible of two constructions or interpretations, each of which appears to you to be reasonable, and one of which points to the guilt of the defendant, and the other to his innocence, it is your duty, under the law, to adopt that interpretation which will admit of the defendant’s innocence, and reject that which points to his guilt.
You will notice that this rule applies only when both of the two possible opposing conclusions appear to you to be reasonable. If, on the other hand, one of the possible conclusions should appear to you to be reasonable and the other to be unreasonable, it would be your duty to adhere to the reasonable deduction and to reject the unreasonable, bearing in mind, however, that even if the reasonable deduction points to defendant’s guilt, the entire proof must carry the convincing force required by law to support a verdict of guilt.