Crawford v. State

946 N.E.2d 1221, 2011 WL 1378424
CourtIndiana Court of Appeals
DecidedApril 12, 2011
Docket49A05-1006-CR-377
StatusPublished
Cited by2 cases

This text of 946 N.E.2d 1221 (Crawford v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crawford v. State, 946 N.E.2d 1221, 2011 WL 1378424 (Ind. Ct. App. 2011).

Opinion

946 N.E.2d 1221 (2011)

Lamar M. CRAWFORD, Appellant-Defendant,
v.
STATE of Indiana, Appellee-Plaintiff.

No. 49A05-1006-CR-377.

Court of Appeals of Indiana.

April 12, 2011.

*1223 Michael R. Fisher, Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Lamar M. Crawford (Crawford), appeals his conviction for murder, a felony, Ind.Code § 35-42-1-1.

We affirm.[1]

ISSUES

Crawford raises two issues on appeal, which we restate as follows:

(1) Whether the trial court abused its discretion when it quashed part of his request for production of documents to a non-party television production company; and
(2) Whether the State produced sufficient evidence to prove beyond a reasonable doubt that Crawford committed murder.

FACTS AND PROCEDURAL HISTORY

During April of 2009, Gernell Jackson (Jackson) lived on Medford Avenue in Indianapolis, Indiana. Jackson had a sister named Dorothy Crawford (Dorothy) and two nephews, Crawford and his brother, Naamonn Crawford (Naamonn). Naamonn was close to his uncle and visited him at his home a few days a week. Sometimes during these visits, Crawford also joined them. While Crawford visited his uncle periodically, they did not always get along. On two separate occasions, Jackson reported that his car had been stolen by Crawford. Each time, Jackson dropped the charges when he recovered his car. Crawford's cousin, Donald Hurd (Hurd), last saw Crawford at Jackson's house sometime between April 5 and 7, 2009. When Hurd last saw Crawford, he did not have any injuries to his face or hands.

On April 9, 2009, Naamonn visited Jackson and discovered him dead on the floor of his house, covered with a blanket. Naamonn immediately called 9-1-1 and attempted to perform CPR. When ambulance and police personnel arrived shortly after Naamonn's call, they pronounced Jackson dead on arrival as a result of forty separate stab and cut wounds all over his body. After an investigation of the scene, Indianapolis police officers determined that Jackson's car, a tan Chevy Impala, was missing, as well as Jackson's electronic JVC receiver. Detective John Breedlove also discovered blood stains in the bathroom and a box of Band-Aids in a back bedroom. The peel-off wrappers of *1224 the Band-Aids had been discarded on the dresser, and there was dried blood near the Band-Aid box.

That same day, Crawford called a former girlfriend, Kurina McCormick (McCormick), and told her he was coming to visit her. When he arrived, she saw that he was driving a tan Chevy Impala. McCormick asked Crawford where he had gotten the car, and he told her that "he bought it." (Transcript p. 324). McCormick also noticed that Crawford had bandages on his hand and fingers and scratches on his face.

Later that day, Crawford attempted to draw money from Jackson's bank account using Jackson's debit card. When that failed, he sold Jackson's electronic JVC receiver to a pawn shop and attempted to cash one of Jackson's checks at another bank. The bank teller determined that the signature on the check did not match Jackson's and refused to cash it. Afterwards, Crawford went to an Applebee's restaurant and a strip club. Naamonn attempted to contact Crawford three or four times that night after he discovered Jackson, but Crawford did not answer his phone.

The next day, April 10, 2009, Dorothy found McCormick's contact information and attempted to reach Crawford at McCormick's house. McCormick answered the phone, but hung up when Crawford told her that he did not want to talk to his mother. Subsequently, Dorothy called the police, and the police went to McCormick's apartment and apprehended Crawford.

During the investigation, the police discovered that Crawford's DNA matched blood stains on the drawers in the northwest bedroom of Jackson's house; on a washcloth recovered from the bathroom floor; on the northwest bedroom floor; on the bathroom sink; on a napkin recovered from the bathroom sink; on the driver's seat, dashboard, and steering wheel of Jackson's car; on a lighter; and on some coins. The police also discovered DNA from three different people—Crawford, Jackson, and an unknown person—on a wooden knife handle left at the scene.

On April 15, 2009, the State filed an Information charging Crawford with Count I, murder, a felony, I.C. § 35-42-1-1, and then added Count II, habitual offender, I.C. § 35-50-2-8, on June 4, 2009. Prior to trial, a television production company called "Lucky Shift, Inc." (Lucky Shift) filmed the course of Crawford's murder investigation and interviewed parties involved. It combined this footage into episode one of season two of a nonfiction police show called "The Shift," which aired on September 30, 2009. Crawford served a request for production of documents by a non-party on Lucky Shift, seeking "any and all recorded footage, both aired and unaired, relating to the investigation by the Indianapolis Metropolitan Police Department ... which resulted in charges against Lamar Crawford." (Appellant's App. p. 226). Lucky Shift objected, and the trial court sustained the objection on the grounds that the request was not sufficiently particular. As a result, Crawford amended his request for production on Lucky Shift and made twenty new or amended requests. Lucky Shift again objected, and the trial court granted thirteen of the amended requests and denied seven. The trial court denied three requests because they lacked particularity and four requests because Lucky Shift claimed that the requested footage did not exist.

Then, from May 11-13, 2010, a three-day jury trial was held. At trial, Crawford alleged that a neighbor named Michael Craig (Craig) was responsible for Jackson's murder. According to Crawford, he *1225 was visiting his uncle when a man wearing black clothes and a ski mask came into his uncle's house through the door. That man attacked Jackson and injured Crawford as Crawford tried to defend his uncle. Before leaving, the man warned Crawford that he would kill him if he did anything and that he knew where Crawford's family lived. Crawford did not see the man's face, but he argued that the man was Craig, because the police had found multiple threatening messages from Craig on Jackson's voicemail during their investigation. In further support of his version of events, Crawford noted the unknown DNA that the police found on the knife handle.

At the close of evidence, the jury found Crawford guilty as charged. Then, on May 27, 2010, the trial court sentenced Crawford to an aggregate sentence of 85 years. In its order of judgment of conviction, the trial court noted as aggravating circumstances: (1) Crawford's prior criminal history, both as a juvenile and as an adult; (2) repeat offenses; (3) the nature and circumstances of the crime committed; and (4) Crawford's conduct after the offense.

Crawford now appeals. Additional facts will be provided as necessary.

DISCUSSION

I. Request for Production of Documents

Crawford first contends that the trial court abused its discretion when it quashed three of his requests for production of documents from Lucky Shift. The three requests that Crawford disputes are as follows:

e.

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Related

Crawford v. State
948 N.E.2d 1165 (Indiana Supreme Court, 2011)

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Bluebook (online)
946 N.E.2d 1221, 2011 WL 1378424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-state-indctapp-2011.