Ealy v. State

685 N.E.2d 1047, 1997 Ind. LEXIS 135, 1997 WL 570497
CourtIndiana Supreme Court
DecidedSeptember 12, 1997
Docket49S00-9503-CR-354
StatusPublished
Cited by45 cases

This text of 685 N.E.2d 1047 (Ealy 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
Ealy v. State, 685 N.E.2d 1047, 1997 Ind. LEXIS 135, 1997 WL 570497 (Ind. 1997).

Opinion

SELBY, Justice.

Phillip Ealy (“defendant”) was convicted of murder and of carrying a handgun without a license. He was sentenced to sixty years for murder and one year for carrying a handgun without a license, the sentences to be served concurrently. He now challenges his murder conviction and sentence. On appeal, he raises four issues: (1) whether the trial court erred by admitting an autopsy report into evidence over defendant’s hearsay objections, (2) whether the trial court erred by allowing a police detective to testify, over hearsay objections, about his conversations with individuals during the course of his investigation, (3) whether the evidence was sufficient to sustain the conviction, and (4) whether the sentence is manifestly unreasonable. We affirm.

FACTS

In the early morning of December 11, 1993, Lamont Puckett was selling cocaine at the bottom of an apartment building 'stair-' well. He was accompanied by his friend, Quincy Dennis. While in the stairwell, Dennis saw defendant standing at the top of the stairs. As defendant descended the stairs he asked, “Lamont ... Hey, man, where’s my money at?” (R. at 399.) Without giving Puckett an opportunity to respond, defendant pulled out a handgun and fired. Puckett fell, and defendant ran back up the steps. Puckett died from a gunshot wound to the chest.

Indianapolis Police Detective Thomas Minor investigated the shooting. When Detective Minor spoke to Dennis at the scene, Dennis claimed that he had been at a telephone at the time of shooting and that he heard the shot but did not know what happened. Others in the building also claimed to have heard the shot, but did not see anything. As he questioned people in the neighborhood, Detective Minor learned that the nickname “Philco” had become associated with the shooting. Detective Minor also learned that Philco is defendant’s nickname.

A few days after the shooting, Dennis went to Detective Minor’s office to give a statement. He told Detective Minor the same information that he testified to at trial, for example describing what he had seen and naming defendant as the gunman. The next day, Detective Minor obtained a warrant for defendant’s arrest. After a jury trial, defendant was convicted of the murder of Lamont Puckett. He was also convicted of one count of carrying a handgun without a license.

I.

Defendant argues that the trial court erred by admitting the autopsy report into evidence. He challenges the foundational elements for admission and claims that the autopsy report from the Marion County Coroner’s Office contained inadmissible hearsay. A trial court has broad discretion in ruling on *1050 admissibility of evidence, and on review we will only disturb a trial court’s ruling upon a showing of abuse of discretion. Averhart v. State, 470 N.E.2d 666, 686 (Ind.1984); Ind.Evidence Rule 103. 1 When the autopsy report was admitted into evidence, defendant objected on the grounds that the document contained hearsay. The judge overruled the hearsay objection and admitted the autopsy report under IRE 902(9) — Self Authentication, Certified Domestic Records of Regularly Conducted Activity.

First, defendant challenges admissibility under IRE 902(9). Specifically, defendant argues that the self authentication requirements as set out in the rule were not met. Since defendant did not raise this issue at trial it is waived. Coates v. State, 650 N.E.2d 58 (Ind.Ct.App.1995).

Next, defendant challenges the autopsy report as inadmissible hearsay. Defendant argues that even if the autopsy report was self-authenticating, this, in and of itself, does not provide an exception to the hearsay rules. This is correct. Self-authentication merely relieves the proponent from providing foundational testimony; it is not a hearsay exception. Coates, 650 N.E.2d at 62.

As earlier noted, defendant did offer a contemporaneous objection based on hearsay, which the trial judge overruled. Accepting that an autopsy report contains hearsay, we must determine if it falls under any exception which would make it admissible hearsay. Defendant concedes that prior to the adoption of the Indiana Rules of Evidence, autopsy reports were admissible under the common law public records exception. See, e.g., McGraw v. State, 426 N.E.2d 1290 (Ind. 1981). However, defendant argues that the newly adopted IRE 803(8) is more specific and restrictive than the common law rule. It reads:

Rule 803. Hearsay Exceptions: Availability of Declarant Immaterial
The following are not excluded by the hearsay rule, even though the declarant is available as a witness....
(8) Public Records and Reports. Unless the sources of information or other circumstances indicate lack of trustworthiness, records, reports, statements, or data compilations in any form, of a public office or agency, setting forth its regularly conducted and regularly recorded activities, or matters observed pursuant to duty imposed by law and as to which there was a duty to report, or factual findings resulting from an investigation made pursuant to authority granted by law. The following-are not within this exception to the hearsay rule: (a) investigative reports by police and other law enforcement personnel, except when offered by an accused in a criminal case; (b) investigative reports prepared by or for a government, a public office, or an agency when offered by it in a case in which it is a party; (c) factual findings offered by the government in criminal cases; and (d) factual findings resulting from special investigation of a particular complaint, case, or incident, except when offered by the accused in a criminal case.

Clearly, autopsy reports fall within the first part of the public records exception. An autopsy report is generally trustworthy and is either “a report of a public office setting forth matters observed pursuant to duty imposed by law and as to which there was a duty to report” or “is a report setting forth factual findings resulting from an investigation made pursuant to authority granted by law.” 2 However, IRE 803(8) goes on further to exclude some statements from its exception to the hearsay rule. Defendant argues that the autopsy report falls into IRE *1051 803(8)(c) 3 , which excludes “factual findings offered by the government in criminal eases” from this hearsay exception. Thus, he argues, the autopsy report should have been excluded.

Under a literal reading of IRE ’803(8), when a report contains “factual findings” and is offered by the government in a criminal ease, either the report itself is admissible, though with the “factual findings” removed, or the entire report is inadmissable. Under either reading, we are presented with two questions: A) What are factual findings?; and B) Even if something is a factual finding, can it still be admissible under IRE 803(8)?

This is a ease of first impression under our recently adopted Rules of Evidence. IRE 803(8) is a verbatim rendition of Uniform Rules of Evidence (“URE”) 803(8). Unif.

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Bluebook (online)
685 N.E.2d 1047, 1997 Ind. LEXIS 135, 1997 WL 570497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ealy-v-state-ind-1997.