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Ward v. State

The trial court harmfully erred in giving a jury charge regarding the inference arising from the defendant's recent possession of a stolen truck, which had the effect of impermissibly shifting the burden of persuasion to the defendant.

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Adrian Ward appeals his conviction for theft by taking a motor vehicle,1 challenging, among other things, the sufficiency of the evidence and the constitutionality of the court’s charge to the jury. We find that the jury charge had the effect of shifting the burden of persuasion to Ward, in violation of his rights under the Due Process Clause, and that this error was not harmless. We therefore reverse. Because the evidence was sufficient to support his conviction, however, Ward may be retried.2 1. When an appellant challenges the sufficiency of the evidence to support his conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”3

So viewed, the evidence showed that on either March 21, 2008 or the morning of March 22, 2008, a pickup truck was stolen from its owner’s residence. The owner initially thought that an acquaintance or relative might have borrowed the truck, and did not immediately report the theft.

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