Lloyd v. State

717 N.E.2d 895, 1999 Ind. App. LEXIS 1800, 1999 WL 817876
CourtIndiana Court of Appeals
DecidedOctober 14, 1999
DocketNo. 71A03-9805-PC-231
StatusPublished
Cited by4 cases

This text of 717 N.E.2d 895 (Lloyd 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
Lloyd v. State, 717 N.E.2d 895, 1999 Ind. App. LEXIS 1800, 1999 WL 817876 (Ind. Ct. App. 1999).

Opinion

OPINION

MATTINGLY, Judge

The trial court summarily denied Kenneth Jerome Lloyd’s Petition for Post-Conviction Relief. He appeals, asserting that the trial court erred by not holding an evidentiary hearing. We affirm.

FACTS AND PROCEDURAL HISTORY

Lloyd was convicted, after a jury trial, of neglect of a dependent, a Class B felony. We adopt our supreme court’s recitation of facts from Lloyd’s direct appeal in Lloyd v. State, 669 N.E.2d 980, 981-83 (Ind.1996).

Angela Green resided in South Bend, Indiana with her four children, Shawna, Steven, Shane, and eighteen-month[-]old Shawn. In December of 1992, Angela Green met the defendant, Kenneth Lloyd. That same month, on Christmas Eve, Green and Lloyd began cohabitat-ing [sic] at Green’s residence. Lloyd immediately assumed a role in the household disciplining the infant Shawn.
On January 11, 1993, Green’s eldest daughter, Shawna, then age eleven, informed Green that Shawna had seen a “whep” on Shawn’s leg. At trial, Shawna defined for the trial court the meaning of “whep:” “a mark that looked like a sore.” Later that month, Green herself noticed similar injuries on her children’s legs. She told Lloyd to “stop whupping the kids this hard.” Annoyed at Green’s comments, Lloyd argued with Green. After Lloyd and Green took their disagreement to another room, Shawna discovered a large hole in the wall of the room in which Lloyd and Green had been arguing.
In March of 1993 Lloyd assumed the task of toilet training Shawn. Lloyd warned the infant that he would punish him with a belt if he failed to use the bathroom. Shawna reported that she heard Lloyd hit Shawn with a belt and warn Shawn to stop soiling himself.
Additional evidence suggests that Shawn was suffering from abuse. On March 26, 1993, the owner of the day care center at which Lloyd usually dropped off Shawn, Steven, and Shane noticed that Shawn was absent from day care. The owner expressed her concern to Green; Green advised the owner that Lloyd was toilet training Shawn. Shawn never returned to day care. Four-year-old Steven later reported to the day care owner that Shawn had bruises on his head and a black eye. The owner of the day care center confronted Lloyd about these injuries when he later dropped off Steven and Shane for day care. Lloyd denied that Shawn had such severe injuries.
A few days before April 11, 1993, Shawna heard Shawn “falling from somewhere” inside the house. Investigating, she found Lloyd, Green, and Shawn in a bedroom. When she inquired about Shawn’s swollen head, Green and Lloyd told Shawna that Shawn had fallen down the stairs.
On the morning of April 12, 1993, Lloyd and Shawna dropped off Steven and Shane at day care, Shawna advising the owner that Shawn was not coming. Shawn soiled himself again that morning. Green’s sister, who lived in a basement apartment below Green, heard Shawn crying at about 9:30 a.m. When Shawn stopped crying, Green’s sister went to sleep. A little over an hour later, Lloyd woke Green’s sister, asking for her help, claiming Shawn was choking.
Green’s sister discovered Shawn’s body lying on a bed upstairs, “real cold and just limp.” She immediately sought emergency help. Emergency personnel [898]*898arrived, attempted resuscitation, and then transported Shawn’s body to the hospital, where Dr. Joseph Lee continued resuscitation attempts for an additional hour, to no avail. Dr. Lee’s examination of Shawn’s body revealed a body temperature of 91.4 degrees, suggesting that.Shawn had been dead for at least two hours. Emergency medical personnel, as well as Dr. Lee, noted numerous injuries on Shawn’s body, injuries inconsistent with Lloyd’s story that Shawn had choked on food. -
South Bend police officer Brian Young arrived at Green’s home immediately after the emergency medical personnel. Lloyd identified himself with the pseudonym “Dwayne Proctor” and told Officer Young that Shawn began choking after eating grits or a sandwich, and that, after attempting CPR for fifteen to twenty minutes, Lloyd summoned Green’s sister. Lloyd claimed to be unaware of anything else that could be wrong with Shawn. South Bend Police Officer Steve Noonan then transported Lloyd to the emergency room. Lloyd continued to identify himself as Dwayne Proctor, and told Officer Noonan that he gave Shawn a sandwich, and then left the room for about twenty minutes to make a phone call. Lloyd told Officer Noonan that Shawn bruised his eye and nose two weeks earlier when Shawn fell down some stairs.
At the emergency room, Lloyd presented yet a third variation on his description of the events of the morning. Lloyd told Dr. Lee that he had been feeding oatmeal to Shawn, that Shawn choked on the oatmeal, and that Lloyd administered CPR to Shawn when he realized that Shawn was not breathing. Lloyd explained to Dr. Lee that Shawn’s bruises were the result of his falling down two weeks earlier.
That afternoon, after waiving his Miranda rights, Lloyd gave a statement to police. He explained that he returned home that morning, changed Shawn’s pants, made a sandwich and gave part of the sandwich to Shawn. He claimed to have then answered the telephone and that ten to fifteen seconds later he returned and found Shawn on the bedroom floor. Advised that his story was inconsistent with Shawn’s injuries, Lloyd then claimed that Shawn had fallen down both outside and inside the house that morning. Additionally, Lloyd stated that he had accidentally knocked Shawn down a stairway inside the house.
Shawn’s autopsy revealed bruises to Shawn’s forehead, temple, cheeks, abdomen, forearm, chin, back, groin, and buttocks. Except for some of the bruises on Shawn’s head, all of these bruises were less than three to five days old. The doctor performing the autopsy determined that the forehead bruises were consistent with a blow with knuckles. The abdominal bruises were consistent with a squeeze requiring “a considerable amount of force.” The autopsy revealed that internal bleeding caused Shawn’s death. Specifically, Shawn’s small bowel had been completely ripped in two, causing his abdomen to fill with blood. An initial injury, which occurred five to fourteen days prior to Shawn’s death, when Shawn’s abdomen was squeezed with marked force, forced his bowel against his backbone and caused his bowel to split. The doctor performing the autopsy testified that this injury, unusual because it was in a relatively protected area of the body, would cause extreme pain. A second injury to the bowel, which may have occurred spontaneously, or may have been the result of multiple repetitive bouts of trauma, severed the bowel sections entirely, initiating the bleeding which resulted in Shawn’s death.
Lloyd again waived his Miranda rights and gave a second statement to police. Confronted with the results of the autopsy, Lloyd explained that he had failed to mention in his earlier statement that [899]*899“I accidentally stepped on the baby after he fell down the stairs.”

(Citations to the Record omitted.)

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Related

Godby v. State
809 N.E.2d 480 (Indiana Court of Appeals, 2004)
Kenneth J. Lloyd v. John R. Vannatta
296 F.3d 630 (Seventh Circuit, 2002)

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Bluebook (online)
717 N.E.2d 895, 1999 Ind. App. LEXIS 1800, 1999 WL 817876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-state-indctapp-1999.