Holliday v. State

601 N.E.2d 385, 1992 Ind. App. LEXIS 1608, 1992 WL 301590
CourtIndiana Court of Appeals
DecidedOctober 26, 1992
Docket20A03-9202-CR-42
StatusPublished
Cited by9 cases

This text of 601 N.E.2d 385 (Holliday 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
Holliday v. State, 601 N.E.2d 385, 1992 Ind. App. LEXIS 1608, 1992 WL 301590 (Ind. Ct. App. 1992).

Opinions

STATON, Judge.

Melvin Holliday appeals his conviction of burglary,1 a Class B felony. Holliday raises three issues for our consideration, restated as:

I. Whether the trial court erred by admitting hearsay statements involving a prior unrelated crime purportedly committed by Holliday.
II. - Whether the trial court committed fundamental error when it instruct ed the jury that a defendant is presumed sane.
Whether a jury instruction on the State's burden of proof violated Holliday's due process rights. III.

We affirm.

The evidence favorable to the conviction indicates that on April 3, 1990, Stephen Hunter stepped out of the shower in his Elkhart, Indiana apartment and heard someone knocking at his door. Hunter, still in the bathroom, did not answer the door. A few moments later, Hunter heard something hit his apartment door, and the door opened. After the door closed, Hunter looked out his apartment window and saw two men talking outside. Shortly thereafter, one of the two men returned to the apartment and looked through some of Hunter's belongings. Hunter confronted the intruder, who quickly fled the scene. Hunter later identified Holliday as the intruder. Holliday took Hunter's checkbook, and wrote seven checks on the account without Hunter's permission. After being taken into police custody, Holliday gave a statement in which he admitted entering . the apartment and stealing Hunter's checkbook. Before trial, Holliday filed a notice of intent to interpose an insanity defense. After a three day trial, the jury found Holliday guilty of burglary, but mentally ill, Holliday appeals.

I.

Hearsay Evidence

During rebuttal, the State presented the testimony of police detective Brett Coppins. Over Holliday's hearsay objection, Coppins testified that an informant and one of Holli-day's relatives advised Coppins of Holli-day's participation in a prior unrelated robbery. Holliday claims the State offered Coppins' testimony as evidence of the truth of the third parties' statements, and his inability to confront and cross-examine these third parties resulted in a deprivation of his constitutional rights under the Sixth Amendment. The State contends that the testimony was offered to rebut Holliday's insanity claim and to explain the actions of an arresting police officer; therefore, the testimony was not hearsay.

Hearsay is an out-of-court statement offered in court to prove the truth of the matter therein. - Williams v. State (1989), Ind., 544 N.E.2d 161, 162, reh'g denied. Out-of-court statements introduced primarily to explain why a particular course of action was taken during a criminal investigation are not offered for the truth of the matter, and are not, therefore, hearsay statements. Johnston v. State (1988), Ind., 530 N.E.2d 1179. Moreover, when the defendant asserts the insanity defense, evidence otherwise inadmissible may be proper to bear upon the credibility of the conclusions drawn by doctors or for relevant observations of demeanor. Benefiel v. State (1991), Ind., 578 N.E.2d 338, 346, and Rogers v. State (1987), Ind., 514 N.E.2d 1259, 1261. However, when reviewing the admission of this evidence, the reviewing court requires "a reasonable level of assurance that such testimony was not offered by the proponent nor received by the trier of fact as evidence of the truth of the third party's statement." - Williams, supra, at 162-63. Despite Holliday's as[388]*388sertions to the contrary, it is clear that such assurance was present in this case.

Holliday analogizes his case to Williams, supra, which is distinguishable from the present case. In Willioms, the officer's statements went to the issue of whether Williams was involved in the charged crime, and they supported the victim's trial testimony as to the perpetrator's identity. Supra, at 163. In the present case, the statements of the informant and Holliday's relative neither addressed the issue of the perpetrator's identity in the April 3 burglary, nor corroborated Hunter's testimony that Holliday was the perpetrator of the April 3 burglary.

The statements made here are similar to the statements made in Johnston, where the statements were offered to "explain how and why the ... transactions ... were initiated." Supra, at 1181. In the present case, the statements were not offered to prove that Holliday committed the purse snatching on March 8, but to explain how Coppins was placed in a position to apprehend Holliday on March 8. The March 8 encounter served as an additional basis of personal knowledge for Coppins to observe Holliday's physical demeanor and were offered to rebut the medical experts' conclusions. Benefiel, supra, at 346, and Rogers, supra, at 1261.

The admission of the statements of the informant and of Holliday's relative did not deny Holliday his right to confrontation, because Holliday was not on trial for the March 8 robbery. Johnston, supra, at 1181. By raising the insanity defense, Hol-liday made Coppins' March 8 observations relevant. There was a reasonable level of assurance that Coppins' testimony was offered to explain Coppins' actions and not for the truth of the matters asserted therein.

Second, Holliday argues "[tlhere is no absolute assurance that hearsay statements of third parties were considered for any purpose other than the truth of the matter asserted in their out-of-court statements." Brief of Appellant at 10. The jury received a limiting instruction as to the use of this testimony.2 On appeal, it is presumed that the jury obeyed the trial court's instructions. Chandler v. State (1991), Ind., 581 N.E.2d 1233, 1237. Because the statements here are like those in Johnston, supra, the limiting instruction provides reasonable assurance that the jury did not receive the testimony about the March 8 robbery as evidence of the truth of the matter asserted therein.

Third, Holliday argues that the limiting instruction did not admonish the jury against considering the hearsay statements of Holliday's relative and the informant as evidence of the proof of the matter asserted therein. The jury is presumed to follow the court's instructions. Chandler, supra, at 1237. By reviewing the complete language of the limiting instruction, it explains to the jury that the testimony is to be considered not for its "truth or falsity, but only to show what the officer did on a particular occasion, or how he arrived at, in this case, arresting the defendant." Record, p. 312. The instruction reasonably explains to a jury the proper use of the information making up Coppins' testimony about the March 8 arrest.

Fourth, Holliday argues that the limiting instruction he requested conflicts with the Court's Final Instruction No. 40,3 permitting the jury to improperly use Coppins' statements to conclude that Holliday committed the March 8 robbery. On appeal, the court presumes that the jury obeyed the trial court's instructions. Chandler, supra, at 1287.

The limiting instruction solely addressed Coppins' testimony regarding the events [389]*389leading up to Holliday's arrest on March 8. Final Instruction No.

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Holliday v. State
601 N.E.2d 385 (Indiana Court of Appeals, 1992)

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Bluebook (online)
601 N.E.2d 385, 1992 Ind. App. LEXIS 1608, 1992 WL 301590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holliday-v-state-indctapp-1992.