Jackson v. State

709 N.E.2d 326, 1999 Ind. LEXIS 270, 1999 WL 259641
CourtIndiana Supreme Court
DecidedMay 3, 1999
Docket82S00-9806-CR-352
StatusPublished
Cited by24 cases

This text of 709 N.E.2d 326 (Jackson 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
Jackson v. State, 709 N.E.2d 326, 1999 Ind. LEXIS 270, 1999 WL 259641 (Ind. 1999).

Opinion

BOEHM, Justice.

A jury found George Neal Jackson guilty of murder, and he was sentenced to sixty years imprisonment. In this direct appeal he argues that he should have been convicted of voluntary manslaughter because the evidence was insufficient to convict him of murder.

We affirm the trial court.

Factual and Procedural Background

On August 18, 1997, Jennifer Strueh was moving into an apartment in the same building where Jackson lived. James Brian Kneer, the father of Strueh’s child, and Kneer’s uncle, Franklin Howell, were helping with the move. Strueh’s apartment was located on the ground floor, and Jackson lived in an apartment on the second floor. According to Strueh, Jackson had been drinking, was obnoxious, and made sexually suggestive comments to her. Strueh reported Jackson’s remarks to Howell, who passed them on to Kneer.

While inside Strueh’s apartment later in the evening, Kneer and Howell heard James Hancock, an elderly and legally blind first floor neighbor of Strueh’s, repeatedly telling Jackson, who was outside Hancock’s door, “to go upstairs and leave him alone.” 1 Kneer and Howell went outside “to make sure [Hancock] was okay[J” When Howell joined Hancock in asking Jackson to go upstairs, Jackson refused and displayed a pistol and a knife tucked in his pants.- According to Kneer, Jackson first asked Howell “[h]ow would you like me to put a cap in your ass?,” then stated that he was “gonna grab [his] gun,” and “acted like he was going for it two or three times” before finally drawing the pistol. Howell and Kneer succeeded in disarming Jackson and after a brief struggle Jackson retreated up the stairs.

Kneer remained in front of Hancock’s apartment while Howell walked toward the garage to resume moving items into Strueh’s apartment. As Howell returned from the *328 garage, Jackson leaned over the balcony and pointed the barrel of a shotgun in Kneer’s face. Jackson then turned the gun on Howell and, with the gun no farther than two feet from Howell’s head, pulled the trigger inflicting a fatal wound. Immediately after firing the shotgun, Jackson said “I told you I would put a cap in your ass.” Jackson then threatened to “come down there and put another one in you” and walked toward the staircase. Kneer told Jackson to stop, but Jackson instead again raised the shotgun. Kneer then fired the handgun in Jackson’s direction, but, according to Kneer, intentionally missed Jackson. Jackson was arrested when the police arrived seconds later.

The foregoing is largely Kneer’s account. Its essential points were corroborated by the testimony of several other witnesses. Kristin Cardin shared an upstairs apartment with her boyfriend Todd Hochstetler. She saw and heard the initial verbal exchange, but after Jackson pulled the handgun and the initial struggle began, Cardin went into her apartment to call 911. Hochstetler then saw Howell punch Jackson two or three times, but he also returned to the apartment believing the fight between Howell and Jackson had ended. He soon saw Jackson leaving his apartment with a shotgun in hand. Ho-chstetler shut the door to his apartment and remained inside where he heard the shots fired. Cardin also heard the shots during the 911 call.

Dan and Yieky Bealmear, who resided in another upstairs apartment, also heard the verbal exchange between Jackson and Howell, and saw Jackson as he was walking up the steps. They observed Jackson enter his apartment alone, heard him loading a gun, then saw him leave his apartment with a shotgun. Jackson politely said “excuse me” as he passed the Bealmears on the balcony, then proceeded a few steps where he stopped, held the gun over the railing, and shot Howell. 2

Finally, Heath Garrett was at his girlfriend’s first floor apartment. He went outside to smoke a cigarette after hearing the commotion. He observed Jacks on leave his apartment with the shotgun, walk a short distance, réach over the balcony, mutter “a cussword,” and then shoot Howell.

Jackson was charged with murder. The jury was also instructed on the lesser included offense of voluntary manslaughter, but found Jackson guilty of murder.

I. Sufficiency of the Evidence

Indiana’s murder statute provides that “[a] person who ... knowingly or intentionally kills another human being ... commits murder[.]” Ind.Code § 35-42-1-1 (1998). However, “[a] person who knowingly or intentionally ... kills another human being ... while acting under sudden heat commits voluntary manslaughter[.]” Ind.Code § 35-42-l-3(a) (1998). 3 “Sudden heat requires sufficient provocation to engender ... passion which is demonstrated by anger, rage, sudden resentment, or terror that is sufficient to obscure the reason of an ordinary person, prevent deliberation and premeditation, and render the defendant incapable of cool reflection.” Horan v. State, 682 N.E.2d 502, 507 (Ind.1997) (internal quotation marks omitted). Sudden heat is a mitigating factor that reduces otherwise murderous conduct to voluntary manslaughter, see Ind.Code § 35-42-1-3(b) (1998), but is not an element of voluntary manslaughter. See Horan, 682 N.E.2d at 507. Although the State has the burden of negating the existence of sudden heat beyond a reasonable doubt, in order to inject that issue at all the defendant must point to some evidence supporting sudden heat whether this evidence be in the State’s case or the defendant’s own. Bradford v. State, 675 N.E.2d 296, 300 (Ind.1996); see also Clark v. State, 668 N.E.2d 1206, 1209 (Ind.1996); Gregory v. State, 540 N.E.2d 585, 593 (Ind.1989); McBroom v. State, 530 N.E.2d 725, 728 (Ind.1988); Raub *329 v. State, 517 N.E.2d 80, 82 (Ind.1987); Smith v. State, 502 N.E.2d 485, 489 (Ind.1987). 4

Jackson contends that he was sufficiently provoked by Howell and that there was inadequate time to engage in “cool reflection” before the firing of the fatal shot. He points to the following four factors in support of his claim:

1) In the initial struggle, Howell struck Jackson in the face two to four times and knocked Jackson to the ground.
2) Howell was yelling and swearing at Jackson.

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Bluebook (online)
709 N.E.2d 326, 1999 Ind. LEXIS 270, 1999 WL 259641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-state-ind-1999.