Graham v. State

464 N.E.2d 1, 1984 Ind. LEXIS 846
CourtIndiana Supreme Court
DecidedJune 12, 1984
Docket682S237
StatusPublished
Cited by25 cases

This text of 464 N.E.2d 1 (Graham 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
Graham v. State, 464 N.E.2d 1, 1984 Ind. LEXIS 846 (Ind. 1984).

Opinions

[3]*3PIVARNIK, Justice.

Defendant-Appellant Ricky Ray Graham was found guilty by a jury in the Madison Superior Court of class B felony voluntary manslaughter, class A felony robbery, and class D felony theft. The trial court subsequently sentenced Appellant to concurrent imprisonment terms of twenty years for voluntary manslaughter, twenty years for robbery and two years for theft. Appellant now directly appeals and raises the following four consolidated issues:

1. whether the trial court erred by denying Appellant's motion to suppress his confession;

2. whether the trial court erred by permitting the State to file a belated response to Appellant's alibi notice and to present evidence on that subject;

3. alleged denial of Appellant's right to a speedy trial; and

4. alleged improper sentencing.

The facts adduced at trial show that at approximately 9:30 p.m. on January 9, 1980, an Indiana State Policeman found the dead body of seventy-six year old Lois Graham in the kitchen of her home in Lapel, Indiana, following a call from a concerned neighbor. A carving fork was protruding from her sternum, she had been stabbed numerous times in her chest and abdomen, the phone wires at the home had been cut, the back door had been padlocked and Miss Graham's green 1958 Ford sedan was gone. Earlier that same day, a boy with an elderly woman passenger drove up to the drive-in window of the First Savings and Loan Bank in downtown Anderson in a car meeting the description of Miss Graham's automobile. The teenage boy told the teller that the elderly woman wanted to withdraw $5,000.00. The teller directed them to the bank's main office across the street. The teller never looked at the savings book presented and did not know Miss Graham or the young man. At the bank's main office, a young man accompanied by an older woman asked to withdraw $10,000.00 from the account of Lois Graham. The boy was not permitted to withdraw that amount but was allowed to withdraw $2,000.00 from Miss Graham's account. Between 11:00 and 11:15 a.m., a car meeting the same description and occupants meeting the same description as noted by people in the First Savings and Loan Bank stopped at a drive-in window of the Edgewood auto branch of the Anderson Banking Company. The elderly woman there withdrew $300.00 from Miss Lois Graham's savings account. The teller handling this transaction was shown a photographic lineup but did not select Appellant's picture. Another employee, however, selected Appellant's picture from the same lineup. The evidence further shows that Appellant went to the Indianapolis International Airport during the evening of January 9, 1980, where Miss Graham's car was recovered the following day. Appellant subsequently was arrested by local police in Moab, Utah.

On January 15, 1980, a probation officer visited Appellant in jail in Utah and encouraged Appellant to sign a consent form for his voluntary return to Kokomo where the welfare department had custody of him. Appellant signed the consent. Sergeant Jack Appleby went to Utah and returned Appellant to Anderson where Appellant was incarcerated in the Madison County Jail. While in the Madison County Jail and before being charged, Appellant confessed to committing the instant crimes.

I

Appellant first claims that the trial court erred by denying his motion to suppress his confession. During January 21 and 22, 1980, Indiana State Police Sergeant Jack Appleby interrogated Appellant and Appellant confessed that he perpetrated the fatal attack on Lois Graham. Appellant now claims that his confession was inadmissible in that it: (A) was given in violation of Ind.Code § 31-6-7-8 (Burns 1980); (B) was involuntary; (C) was the product of an illegal arrest; (D) was the product of a prior inadmissible statement; (E) was the product of an illegal detention; (F) was the product of an illegal extradition; and (G) was admitted into evidence prior to the [4]*4time when there was sufficient evidence to establish a corpus delicti.

(A)

Appellant claims that his confession was given in violation of Ind.Code § 31-6-7-3 in that neither he nor his father knowingly or voluntarily waived his rights since he was not afforded an opportunity for meaningful consultation with his father prior to waiver. Appellant also claims that his father, Paul Graham, Sr., was not his custodial parent or guardian and bore an adverse interest. The record shows that Officer Appleby requested Mr. Graham to be present during the interrogation since Appellant was a juvenile. Although Appellant was a legal ward of the Howard County Welfare Department at the time of the incident, he actually resided with his grandmother and father. His father therefore was a custodial parent and Appellant's contention to the contrary is without merit. Although there was evidence that Appellant's relationship with his father was often strained if not hostile, the evidence was not sufficient to show that Appellant's father had an interest adverse to Appellant. Witnesses who testified at trial about the relationship had counseled Appellant and formed their opinion by speaking only with him. Some of them had never met Mr. Graham while others had met him only casually. Officer Appleby, however, testified that he observed the conduct of both Appellant and his father prior to and during Appellant's interrogation and did not witness any hostility between them. Furthermore, Appellant never indicated to Ap-pleby that his father was hostile to him or that he wished for someone else to accompany him.

Appellant alternatively contends that he was not afforded an opportunity for meaningful consultation with his father prior to waiving his rights under the above statute. The meaningful consultation requirement of Ind.Code § 31-6-7-8(a)(2)(C) is a safeguard for juveniles in addition to the requirement that waivers be knowingly, voluntarily and intelligently made. The State, of course, bears the burden of proving that the consultation requirement has been satisfied. Williams v. State, (1982) Ind., 433 N.E.2d 769. The record here shows that on January 22, 1980, Appellant and his father met with Officer Appleby at the Madison County Jail. Before any questioning commenced, Appellant and his father read the rights waiver form and signed it. Appellant indicated that he understood the waiver document. Officer Ap-pleby subsequently advised Appellant and Mr. Graham that he would give them the opportunity to privately discuss the matter before interrogation. After Appellant conferred with his father for a few minutes, he informed Appleby that he was ready to give a statement. An additional waiver of rights form was signed by both Appellant and Mr. Graham. Appellant requested that his statement be given outside the presence of his father and his father accordingly left the room. Appellant then gave a statement in which he fully confessed to the murder, robbery and theft. There is, therefore, sufficient evidence to indicate that Appellant was afforded the opportunity for meaningful consultation with his father as required by the above statute. Bluitt v. State, (1978) 269 Ind. 438, 381 N.E.2d 458.

(B)

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Bluebook (online)
464 N.E.2d 1, 1984 Ind. LEXIS 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-state-ind-1984.