Holsinger v. State

750 N.E.2d 354, 2001 Ind. LEXIS 593, 2001 WL 738102
CourtIndiana Supreme Court
DecidedJune 29, 2001
Docket49S00-9812-CR-750
StatusPublished
Cited by21 cases

This text of 750 N.E.2d 354 (Holsinger 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
Holsinger v. State, 750 N.E.2d 354, 2001 Ind. LEXIS 593, 2001 WL 738102 (Ind. 2001).

Opinions

SULLIVAN, Justice.

Defendant Curtis Holsinger was convict, ed of murder and robbery for killing two people and stealing money from their home. We uphold his conviction over his claims of prosecutorial misconduct and improper admission of hearsay evidence, finding the first not preserved and finding the evidence not hearsay with respect to the second. We also find that the trial court improperly imposed two consecutive sentences of life in prison without parole.

Background

The facts most favorable to the verdict indicate that on January 21, 1997, Defendant Curtis Holsinger and Jessica Lopez visited Frank Dennis in - Jasonville, Indiana. Defendant and Dennis decided to go to Indianapolis, planning to rob Chad Sloan who owed Dennis drug money. The three traveled to the residence of Sloan and Shirley Newsom. Defendant brought a knife and Sloan brought a gun.

Defendant, Dennis, and Lopez arrived at Sloan's residence and were allowed inside.

[357]*357Dennis then drew his gun and aimed it at Sloan. Defendant tied Sloan up in the back bedroom and tied Newsom up in the living room. Defendant then stabbed Sloan multiple times with the pocketknife, killing him. Defendant and Dennis returned to the living room at which point Dennis shot Newsom, killing her.

Shortly thereafter, Defendant, Dennis, and Lopez drove to Hamilton, Ohio. When Defendant and Lopez returned to Indiana, they learned that the police were looking for them. Lopez went to the police on January 23 and gave them a statement, downplaying the role that she and Defendant played in the murder. The next day, Lopez returned to the police and gave another statement. In her second statement, Lopez implicated herself in the robbery and Defendant in the robbery and murder.

Defendant was charged with eight counts: Counts I and II, Murder 1 of New-som and Sloan; Counts III and IV, Felony Murder 2 of Newsom and Sloan; Counts V and VI, Robbery of Sloan and Newsom, Class A felonies;3 Count VII and VIII, Confinement of Sloan and Newsom, Class A Felonies.4 A jury found Defendant guilty of all eight counts.

During the penalty phase, the jury found that the State proved two statutory aggravating cireumstances beyond a reasonable doubt-murder during the commission of a robbery,5 and the commission of multiple murders.6 However, the jury recommended against a sentence of life in prison without parole.

The trial court merged count III with count I and count IV with count II. For counts I and II, the trial court imposed two sentences of life in prison without parole to be served consecutively. The court imposed four 20-year sentences for counts V, VI, VII, and VIII, all to run consecutively. Id.

Discussion

I

Defendant argues that the prosecutor committed misconduct in his closing argument and that the "trial court erred when it overruled his objection to the prosecutor's closing argument." Appellant's Br. at 19.

During defense counsel's closing argument, he referred to a knife that was found in the bedroom where Sloan's body was located. According to State witness Detective Pollard, the knife did not appear to have blood on it, but was not scientifically tested for blood. During closing argument, defense counsel suggested that the knife could have been the murder weapon:

They [the State] weren't going to tell you about that knife. Why? Because it messes it up. If that knife's still back in the room, that pocket knife story goes out the window.... Why wasn't any testing done on that knife? Why wasn't this serologist allowed to at least wash it off, take a washing, make a test on it to see if it had blood on it? Wouldn't you want to know that? . It's smudgy because they fingerprinted it. Whose fingerprints are on it? Nobody told you they didn't find prints.... - [Whose prints are on that knife? Are they [Defendant's]l? - No. We don't know. Somebody's prints are on there. You weren't told that. Why? Because that [358]*358might make that knife the murder weapon and it doesn't have [Defendant's] fingerprints on it. And, again, the pocket knife story on the highway goes out the window. Is there a doubt here? You bet. That's reasonable doubt.

(R. at 666.)

The State responded during its closing statement and the following exchange occurred:

[Prosecutor]: I've got to address something ... boy, it sure sounded like to me that he told you folks that I withheld evidence.
[Defense Counsel]: TM tell the jury right now that I did not say that. And I don't mean to imply-
[Prosecutor]: Well, you said, if we found prints we didn't tell you. The law requires that I provide anything that even resembles exculpatory evidence or anything that might show that the defendant's innocent. I have to give that to them. I give them truckloads of information and get nothing in return. But, part of that information, not only witness statements, but all the scientific-
[Defense Counsel]: Your Honor, I'm going to object to this. This is not commentary on the evidence, Your Honor. I'm going to object to this testimony.
[Trial Court]: Well, it's an abided response to your argument. Your objection is overruled. Keep it within the proper boundaries though, please.
[Prosecutor]: If there's even a little bit of evidence in there at all, a fingerprint that might have been found on that knife, [Defense Counsel] has just as much right to present that evidence as I do. I didn't withhold from you.

(R. at 675-76.)

Defendant argued that the prosecutor misstated the law regarding discovery in Indiana because the prosecutor implied that the State gives "truckloads" of information to the defense and "[gets] nothing in return." In fact, as Defendant points out, the Marion County courts have promulgated automatic discovery rules requiring that defendants also disclose certain information to the State. See Rule 7(8), Rules of Organization and Procedure of the Marion Superior Court, Criminal Division.

Defendant also maintains that the result of the prosecutor's argument was to make defense counsel appear to be deceptive while the prosecution hid nothing. Defendant states, "[this good guy/bad guy characterization of the prosecution and the defense functions has been condemned." Appellant's Br. at 22 (citing Bardonner v. State, 587 N.E.2d 1853 (Ind.Ct.App.1992), transfer demied). Defendant believes that he "was placed in a position of grave peril to which he should not have been subjected and was denied a fair trial...." Appellant's Br. at 22.

Defendant failed to request an admonishment or a mistrial and therefore did not properly preserve this issue for appeal. As to the merits, the basic thrust of the prosecutor's statement was that the State is required to give the Defendant any exculpatory evidence that the State has in its possession. This was a correct account of the law and was offered in response to defense counsel's implication that the State was withholding information. The prosecution did misstate the law by telling the jury that a defendant is not required to give the State any information.

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Holsinger v. State
750 N.E.2d 354 (Indiana Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
750 N.E.2d 354, 2001 Ind. LEXIS 593, 2001 WL 738102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holsinger-v-state-ind-2001.