Ladon E. Cameron v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: December 28, 2020
• Docket: 20A-CR-993
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 28 2020, 10:49 am

court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Jennifer L. Koethe Curtis T. Hill, Jr. Navarre, Florida Attorney General of Indiana

Benjamin J. Shoptaw Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Ladon E. Cameron, December 28, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-993 v. Appeal from the LaPorte Circuit Court State of Indiana, The Honorable Thomas Alevizos, Appellee-Plaintiff Judge Trial Court Cause No. 46C01-1608-F4-779

May, Judge.

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 1 of 12 [1] Ladon E. Cameron appeals his convictions of one count of Level 4 felony

dealing in cocaine or a narcotic drug1 and two counts Level 5 felony dealing in

cocaine or a narcotic drug. 2 He presents two issues for our review, which we

restate as:

1. Whether the State presented sufficient evidence to support his convictions; and

2. Whether the trial court abused its discretion when it denied his motion for mistrial.

We affirm.

Facts and Procedural History [2] On August 24, 2016, Cameron called Dorothy Dunham to drive him to a

nearby CVS pharmacy. Once they arrived at the CVS, Cameron used the

Money Gram machine to send $160 to someone. Dunham drove Cameron

back home, and Cameron told her that he would need a ride to Chicago soon.

Unbeknown to Cameron, Dunham was working as a paid confidential

informant for the Michigan City Police in LaPorte County. Dunham reported

her encounter with Cameron to Detective Donald Hicks of the Michigan City

Police Department.

1 Ind. Code § 35-48-4-1(b). 2 Ind. Code § 35-48-4-1(a).

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 2 of 12 [3] The next day, Cameron called Dunham and told her he needed a ride to

Chicago that day. Dunham called Detective Hicks, but there was not enough

time to meet with him or allow him to search her vehicle pursuant to normal

confidential informant protocol before Cameron wanted to leave. Dunham

picked up Cameron at his residence. Cameron entered the vehicle with a gun

and a “big, white, portable” speaker. (Tr. Vol. II at 117.) Cameron told

Dunham that she would receive cocaine and heroin in exchange for driving him

to Chicago.

[4] Dunham texted Detective Hicks two or three times on the way to Chicago.

Cameron navigated Dunham to apartments in Chicago where she parked and

Cameron got out of the vehicle. Dunham texted Detective Hicks while she

waited for Cameron to return. When Cameron returned to the vehicle, he

removed a bag of drugs from his pants and placed it inside the speaker.

Dunham then drove Cameron back to LaPorte County.

[5] Dunham texted Detective Hicks on the way back. Cameron asked Dunham to

stop at an apartment complex in LaPorte County. Cameron exited the vehicle,

taking the speaker with him. He returned to the vehicle with the speaker and

asked Dunham to take him back to his residence. On their way to Cameron’s

residence, Cameron gave Dunham “two or three twenty-dollar bags of cocaine,

and one twenty-[dollar] bag of heroin[,]” which she hid in her bra. (Id. at 134.)

[6] When they arrived at Cameron’s residence, police “swarmed” Dunham’s

vehicle and threw a “flash grenade” at it. (Id. at 133.) Cameron and Dunham

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 3 of 12 exited the vehicle and were placed in handcuffs. Dunham told officers she had

drugs in her bra and gave the drugs and her bra to officers. She also told

officers that there were “drugs inside of a white speaker” in her vehicle. (Id. at

48.) Police searched Dunham’s vehicle and found a white speaker with “a clear

plastic bag that contained twenty smaller bags tied in a knot, contained what

appeared to be crack cocaine . . . [and] twelve small bags tied in a knot

containing a gray substance, rock-like material that was consistent with the

appearance of heroin.” (Id.) Police later questioned Cameron, who confirmed

he had asked Dunham to take him to Chicago; however, the reason for his visit

to Chicago changed many times during the interview.

[7] On August 26, 2016, the State charged Cameron with two counts of Level 4

felony dealing in cocaine or a narcotic drug and two counts of Level 5 dealing

in cocaine or a narcotic drug. Prior to trial, Cameron filed a motion in limine

that sought to exclude “[a]ny evidence or testimony of Defendant having

previously, or on the day in question, possessed a firearm” and “[a]ny and all

statements, evidence or admissions by Defendant to having smoked marijuana

on a daily basis.” (App. Vol. II at 116.) The trial court granted this motion in

limine. Prior to trial, the State dismissed one count of Level 4 felony dealing in

cocaine or narcotic drug.

[8] On March 2 and 3, 2020, the trial court held a jury trial. During trial, the State

asked Dunham if Cameron had anything else with him when he entered her

vehicle for their trip to Chicago. Dunham testified, “he had his gun with him.”

(Tr. Vol. II at 118.) Cameron objected, arguing that the mention of the gun

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 4 of 12 violated the motion in limine, but the trial court overruled his objection.

During the testimony of Detective Willie Henderson, the State asked Detective

Henderson why he and other officers approached Dunham’s vehicle and threw

a flashbang grenade into it to apprehend Cameron. Detective Henderson

testified they did so because “Ms. Dunham indicated that Mr. Cameron had a

firearm on him when they left toward Chicago[.]” (Id. at 194.) Cameron

objected, arguing the statement violated the motion in limine. After a sidebar

outside the presence of the jury, the trial court sustained Cameron’s objection

and told the jury, “please ig – ignore Detective Henderson’s mention of a gun.”

(Id. at 198.)

[9] The State also asked Detective Henderson if “[d]uring [the] interview, did you

ask Mr. Cameron if he was a drug user himself” to which Detective Henderson

replied he did. (Id. at 213.) Cameron objected, arguing the questioning

violated the motion in limine because the question suggested Cameron used

marijuana on a daily basis. The trial court sustained the objection and told the

State to be more specific in its question. The State rephrased its question to

specifically ask whether Cameron told Detective Henderson that Cameron

“used, in any fashion, any controlled substances, such as which were found in

the speaker, i.e. heroin and cocaine” to which Detective Henderson indicated

he did not. (Id. at 215.)

[10] After the State rested its case, Cameron moved for a mistrial based on the

alleged violations of the motion in limine. The trial court denied the motion for

mistrial. The jury subsequently returned a guilty verdict on all three counts,

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 5 of 12 and the trial court entered convictions on those counts. On April 3, 2020, the

trial court sentenced Cameron to six years for the Level 4 felony and three years

each for the Level 5 felonies, and the court ordered the sentences be served

concurrently, for an aggregate sentence of six years.

Discussion and Decision 1. Sufficiency of the Evidence [11] When reviewing sufficiency of the evidence to support a conviction, we

consider only the probative evidence and reasonable inferences supporting the

trial court’s decision. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). It is the

fact-finder’s role, and not ours, to assess witness credibility and weigh the

evidence to determine whether it is sufficient to support a conviction. Id. To

preserve this structure, when we are confronted with conflicting evidence, we

consider it most favorably to the trial court’s ruling. Id. We affirm a conviction

unless no reasonable fact-finder could find the elements of the crime proven

beyond a reasonable doubt. Id. It is therefore not necessary that the evidence

overcome every reasonable hypothesis of innocence; rather, the evidence is

sufficient if an inference reasonably may be drawn from it to support the trial

court’s decision. Id. at 147. A conviction “may be based purely on

circumstantial evidence.” Moore v. State, 652 N.E.2d 53, 55 (Ind. 1995), reh’g

denied.

[12] To prove Cameron committed Level 5 felony dealing in cocaine or a narcotic

drug, the State had to prove that Cameron knowingly or intentionally delivered Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 6 of 12 heroin and cocaine. See Ind. Code § 35-48-4-1(a) (elements of crime); (see also

App. Vol. II at 22 (charging information)). To prove Cameron committed

Level 4 felony dealing in cocaine, the State had to prove that Cameron

knowingly or intentionally possessed with intent to deliver “at least one (1)

gram but less than five (5) grams” of cocaine. See Ind. Code § 35-48-4-1(b)

(elements of crime); (see also App. Vol. II at 21 (charging information)).

Cameron argues the State did not present sufficient evidence he committed the

crimes of which he was convicted because Dunham was a confidential

informant and “was hopeful that her co-operation would help if she filed a

Petition to Modify her sentence.” (Br. of Appellant at 16.)

[13] The State presented evidence that Dunham drove Cameron to Chicago. She

testified Cameron had a white speaker with him when he entered her vehicle.

When Dunham and Cameron arrived in Chicago, Cameron exited the vehicle

and returned shortly thereafter. He took a bag of drugs from his pants and

placed it in the speaker. When Dunham and Cameron returned to LaPorte

County, Cameron exited the vehicle at an apartment complex and took the

speaker with him. He returned with the speaker and gave Dunham drugs,

which she stored in her bra. When Cameron and Dunham were apprehended

at Cameron’s residence, Dunham had drugs in her bra and police found cocaine

and heroin in the speaker. When interviewed by police, Cameron admitted

Dunham drove him to Chicago, but his story regarding the purpose of the trip

changed multiple times. Cameron’s argument is an invitation for us to reweigh

the evidence and judge the credibility of witnesses, which we cannot do. See

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 7 of 12 Drane, 867 N.E.2d at 146 (appellate court cannot reweigh evidence or judge the

credibility of witnesses). The evidence was sufficient to support Cameron’s

convictions. See, e.g., Mullins v. State, 504 N.E.2d 570, 574 (Ind. 1987)

(testimony from informant and corroborating evidence sufficient to prove

Mullins committed dealing in a narcotic drug).

2. Motion for Mistrial [14] Our standard of review regarding a motion for mistrial is well-settled:

The decision on a motion for mistrial lies within the discretion of the trial court. A mistrial is an extreme remedy and required only when no other method can rectify the situation. A prompt admonishment advising the jury to disregard the improper testimony is usually enough to avoid a mistrial. Failure to grant a mistrial may not be asserted on appeal where an admonishment is accepted without further objection or claim that it is insufficient.

TRW Vehicle Safety Sys., Inc. v. Moore, 936 N.E.2d 201, 213 (Ind. 2010) (internal

citations and quotation marks omitted). Furthermore, we have noted:

“On appeal, the trial judge’s discretion in determining whether to grant a mistrial is afforded great deference because the judge is in the best position to gauge the surrounding circumstances of an event and its impact on the jury.” McManus v. State, 814 N.E.2d 253, 260 (Ind. 2004), cert. denied, 546 U.S. 831, 126 S. Ct. 53, 163 L.Ed.2d 83 (2005). “When determining whether a mistrial is warranted, we consider whether the defendant was placed in a position of grave peril to which he should not have been subjected; the gravity of the peril is determined by the probable persuasive effect on the jury’s decision.” James v. State, 613 N.E.2d 15, 22 (Ind. 1993). “‘[R]eversible error is seldom found Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 8 of 12 when the trial court has admonished the jury to disregard a statement made during the proceedings.’” Warren v. State, 757 N.E.2d 995, 999 (Ind. 2001) (quoting Bradley v. State, 649 N.E.2d 100, 108 (Ind. 1995)).

Owens v. State, 937 N.E.2d 880, 895 (Ind. Ct. App. 2010), reh’g denied, trans.

[15] Here, Cameron objected to three instances of testimony that he claimed

violated the motion in limine – Dunham’s testimony that he had a gun, which

the trial court overruled; Detective Henderson’s testimony that he and officers

employed a flash grenade when approaching Dunham’s vehicle because

Dunham had indicated Cameron had a gun, which the trial court sustained and

admonished the jury to disregard; and Detective Henderson’s testimony that he

asked Cameron if Cameron used any drugs, which the trial court sustained, and

asked the State to rephrase the question. At the end of the State’s presentation

of evidence, Cameron moved for a mistrial based on the three instances

implicating the motion in limine. The trial court denied Cameron’s motion for

a mistrial. Cameron argues the trial court abused its discretion in doing so

because “the questions asked by the State and prohibited by the Motion in

Limine were so inflammatory and prejudicial that Mr. Cameron was placed in

grave peril.” (Br. of Appellant at 14.)

[16] We cannot agree. As discussed supra, there was sufficient evidence to prove

that Cameron committed Level 4 and Level 5 felony dealing in a narcotic drug

or cocaine based on Dunham’s testimony of the events that took place when

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 9 of 12 she transported him to and from Chicago. The gun was mentioned twice –

when Dunham responded to a question regarding what Cameron possessed

when he entered her vehicle and when Detective Henderson responded to a

question regarding why officers used a certain level of force when apprehending

Cameron. Both of the instances of testimony were brief and, even when

Cameron’s objection to Dunham’s testimony was overruled, the State did not

pursue a line of questioning that would elicit additional testimony about

Cameron’s firearm possession. 3

[17] Additionally, when the State asked Detective Henderson if Cameron had

indicated during the interview that Cameron used drugs, before Detective

Henderson could relay Cameron’s answer, Cameron objected because the

motion in limine prohibited questions regarding Cameron’s daily marijuana

use. The trial court sustained the objection and noted the question was “over

broad” and asked the State to “be more specific” in its question because “what

is relevant, is these two drugs[.]” (Tr. Vol. II at 214.) The State then rephrased

the question to ask if Cameron had indicated he used heroin or cocaine, to

which Detective Henderson answered in the negative. Again, the violation of

3 While the State did not pursue a line of questioning following the objection, their questions prior to the objection were broad, as to allow for the witness to testify regarding the issues prohibited by the motion in limine. For example, after Dunham told the State that Cameron entered her car with a “big, white, portable speaker” the State then asked “do you see him with anything else[,]” knowing the only other thing Cameron was carrying that day was a gun, which was the subject of a motion in limine. (Tr. Vol. II at 116-7.) Asking such broad questions when an order in limine is in place such as in this case is fraught with peril and raises a high likelihood that a witnesses answers will violate the court’s order in limine. We would hope counsel for the State learned from this experience and we direct counsel to avoid such broad questions under similar circumstances in the future.

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 10 of 12 the motion in limine here was brief, and Detective Henderson did not have an

opportunity to answer the first overbroad question that may have included

testimony regarding Cameron’s daily marijuana use in violation of the motion

in limine. The State’s follow up question focused on the drugs involved in the

case and Detective Henderson testified that Cameron did not say Cameron

used cocaine or heroin.

[18] All three instances were brief, and the trial court took corrective action in two

of them, forcing the State to redirect questioning once. Further, there existed

overwhelming evidence to prove Cameron committed the crimes for which he

was convicted. Therefore, we conclude the trial court did not abuse its

discretion when it denied Cameron’s motion for mistrial. See Lucio v. State, 907

N.E.2d 1008, 1011 (Ind. 2009) (trial court’s denial of motion for mistrial not an

abuse of discretion when statement was fleeting and only a minor part of the

evidence and the trial court promptly admonished the jury to disregard the

statement).

Conclusion [19] We hold the trial court did not abuse its discretion when it denied Cameron’s

motion for mistrial. Additionally, the State presented sufficient evidence

Cameron committed the crimes of which he was convicted. Accordingly, we

affirm.

[20] Affirmed.

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 11 of 12 Kirsch, J., and Bradford, C.J., concur.

Court of Appeals of Indiana | Memorandum Decision 20A-CR-993 | December 28, 2020 Page 12 of 12