Daniel v. State

582 N.E.2d 364, 1991 Ind. LEXIS 249, 1991 WL 257702
CourtIndiana Supreme Court
DecidedDecember 10, 1991
Docket49S00-8812-CR-982
StatusPublished
Cited by38 cases

This text of 582 N.E.2d 364 (Daniel v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel v. State, 582 N.E.2d 364, 1991 Ind. LEXIS 249, 1991 WL 257702 (Ind. 1991).

Opinions

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Burglary, a Class A felony, for which he was sentenced to twenty (20) years imprisonment.

The facts are: Biff Brent Hornaday was an assistant band director at Pike High School in Indianapolis, Indiana. On Sunday, May 3, 1987, he drove to the school to prepare for a noon meeting with some colleagues from out of town to discuss judging marching band competitions. While walking down the hallway near the industrial arts area of the school building, Hor-[367]*367naday noticed light coming from an open classroom door. Stopping to say hello to the instructor he expected to find there, Hornaday instead saw appellant sitting on a table.

When Hornaday asked “What are you doing here?” appellant replied, “Don’t move, don’t move,” and, reaching behind him, produced a pistol, aimed it at Horna-day and repeatedly pulled the trigger. The handgun misfired, however, and Hornaday assured appellant, “I don’t know who you are, these doors are open, why don’t you leave.” Backing out of the classroom, Hor-naday started to trot down the hallway when appellant jumped out of the doorway, yelled “hey” and fired a shot at Hornaday’s face, penetrating his chin. Hornaday was stunned but soon recovered and continued running down the corridor. Appellant caught up with him and endeavored to hit him with a claw hammer. After a brief struggle, appellant demanded that Horna-day lie down. To placate his assailant, Hornaday complied and was rendered unconscious by a hammer blow to the back of his head. Upon regaining consciousness, Hornaday made his way over to a telephone booth located near the entrance to the school cafeteria and called 911. After authorities arrived, Hornaday was transported by ambulance to St. Vincent Hospital where he was admitted for treatment of the gunshot wound to his face as well as the depression wounds and lacerations to his head from the hammer’s head and claw.

Police investigators discovered several rooms in the school had been ransacked, and an old metal safe had been moved from an administrative office to the shop where Hornaday had initially encountered appellant. Holes had been drilled into the safe and the dial had been damaged. Five days after the incident, Hornaday assisted detectives in developing a composite picture of the perpetrator, which was presented to Pike High School officials who were able to generate a list of past and present students who fit the profile to some degree. From the list, detectives conducted interviews of twelve juveniles, including appellant, who waived his rights, gave an exculpatory statement, and was fingerprinted. Latent fingerprints found on the safe turned out to match appellant’s, and the instant prosecution ensued.

Appellant contends the trial court erred in granting the State’s motion to waive him from juvenile court to stand trial as an adult. He argues he was denied due process of law because the court’s order waiving jurisdiction was not sufficiently specific to comply with the provisions of Ind.Code § 31-6-2-4(e), which permits waiver to adult criminal court jurisdiction once a showing is made that the child is charged with the equivalent of a Class A or B felony, that probable cause exists to believe the child committed the act charged, and the child was at least sixteen years of age when the charged act was committed, “unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system.”

Appellant cites authority, including Kent v. United States (1966), 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 and Gerrick v. State (1983), Ind., 451 N.E.2d 327, for the propositions that due process requires a statement of reasons, including relevant facts, underlying a waiver from juvenile jurisdiction and that such statement must not merely recite statutory language. According to Clemons v. State (1974), 162 Ind.App. 50, 317 N.E.2d 859, cert. denied, 423 U.S. 859, 96 S.Ct. 113, 46 L.Ed.2d 86, in making the waiver determination, the juvenile court must necessarily consider the nature of the offense, whether it is part of a repetitive pattern, whether the child is beyond juvenile justice rehabilitation, and whether waiver is,necessary to protect the public security. The Clemons court went on to hold that specifying these considerations in the record would permit meaningful review so as to keep the standard away from the verge of unconstitutional vagueness.

As the State points out, however, a juvenile court’s decision to waive jurisdiction is reviewed only for an abuse of discretion, citing Trotter v. State (1981), Ind., 429 N.E.2d 637. We noted in that case that the [368]*368Supreme Court’s opinion in Kent, supra was an interpretation of the District of Columbia juvenile code and thus not of constitutional dimension. And in Trotter, as in the present case, the court’s statement reflected its inability to find it would be in the best interests of the child and of the safety and welfare of the community for the child to remain in the juvenile system, without reciting specific facts in support.

Here, however, as in Trotter, the record reflects sufficient facts for the court to determine waiver was appropriate; as we noted in Gerrick, supra, such supporting facts must appear either in the order or in the record of the waiver hearing. The court here had before it the viciousness of appellant’s attack, the lack of any justification for it, the seriousness of its results, and the relatively mature age, 17, of the juvenile involved. These facts are ample to support a finding that it would not be in the best interests of the community to retain appellant in the juvenile system.

The trial court did not err in ordering appellant waived into criminal court.

Appellant contends the trial court erred in denying his motion to suppress and in admitting, over his timely objection, evidence pertaining to his fingerprints and palmprints. He argues his prints were taken in violation of his Fourth Amendment rights to be free from unreasonable search and seizure in that his consent to be fingerprinted was vitiated by the investigating officer’s assertion that in any event, a warrant would be issued allowing him to take the prints.

Appellant cites Ind.Code § 31-6-8-1.5(c) which states that a juvenile’s fingerprints may be taken if the officer has probable cause to believe that latent prints found during an investigation belong to that juvenile. He also cites federal authority to the effect that probable cause must precede non-consensual fingerprinting, e.g., Hayes v. Florida (1985), 470 U.S. 811, 105 S.Ct. 1643, 84 L.Ed.2d 705. Noting the absence of proof in the court below of probable cause to arrest appellant prior to the comparison of fingerprints, he accordingly concludes the absence of both consent and probable cause renders the fingerprint evidence inadmissible.

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Cite This Page — Counsel Stack

Bluebook (online)
582 N.E.2d 364, 1991 Ind. LEXIS 249, 1991 WL 257702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-state-ind-1991.