Morris v. State

352 N.E.2d 705, 265 Ind. 212, 1976 Ind. LEXIS 372
CourtIndiana Supreme Court
DecidedAugust 24, 1976
DocketNo. 1075S286
StatusPublished
Cited by2 cases

This text of 352 N.E.2d 705 (Morris 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
Morris v. State, 352 N.E.2d 705, 265 Ind. 212, 1976 Ind. LEXIS 372 (Ind. 1976).

Opinion

Hunter, J.

Defendant-appellant, Robert L. Morris, appeals from his conviction of first degree murder. Upon his conviction appellant was sentenced to life imprisonment. Appellant alleges only one error for our review. He contends that the trial court erred when it overruled his motions to admonish the jury and to strike testimony based upon an alleged violation by the state of a motion in limine.

The state and appellant’s counsel stipulated to the following:

“As the Defendant is charged with the commission of the crime of murder in the first degree and whereas it is alleged that subsequent to the commission of said crime the said defendant did return to the home of the decedent and then and there remove the daughter of the decedent, . . . from said home and transport her against her will to a motel in Lake County, Indiana, and then and there have carnal knowledge of her and against her will and without her consent.
“And, whereas the said defendant has been charged in Lake County, Indiana, with the crime of kidnapping and rape in connection with said incident with the daughter of the decedent.
“Wherefore, the State of Indiana agrees not to ask any questions in the direct examination of the witness, . . . referring to an alleged rape which is alleged to have occurred immediately subsequent to the crime of First Degree Murder for which the defendant is now commencing trial.”

[213]*213The trial court granted the motion in limine prohibiting all testimony concerning the rape.1

Appellant directs our attention to the following series of questions and argues that this exchange was a violation of the motion in limine:

DEPUTY PROSECUTOR: Q. “Now did there come a time that night when you left your residence?”
WITNESS: A. “Yes.”
Q. “Did you leave alone?”
A. “No.”
Q. “Did you leave with somebody else ?”
A. “Yes.”
Q. “And who did you leave with?”
A. “Morris.”
Q. “And where did you go after you left your home?”
A. “Motel.”
Q. “How did you get to the motel ?”
A. “Morris.”
Q. “Did you ride in a car ?”
A. “Yes.”
Q. “What kind of a car or vehicle was it?”
A. “White van.”
Q. “Now during this period of time did Mr. Morris have the shotgun with him ?”
A. “Yes.”
Q. “Now where were you in the car in relation to where Mr. Morris was sitting?”
A. “On the floor.”
Q. “In what part of the vehicle?”
A. “In the front of it.”
[214]*214Q. “From your position could you see the gun or shotgun in the van ?”
A. “No.”
Q. “Now, ... do you know approximately what time you arrived at this motel ?”
A. “No.”
Q. “Can you give me a rough estimate of when it might have been ?”
A. “Around 2:30.”
Q. “2:30 A.M. on the evening of August 6th, early morning hours of August 6th. (sic) ”
A. “Yes.”
Q. “Now would you describe what you were wearing when you left your home?”
A. “I had a sheet around me.”
Q. “Did you have anything else ?”
A. “No.”
Q. “Now, did you leave voluntarily?”
A. “No.”
Q. “Did Mr. Morris say anything to you to get you to go with him ?”
A. “No.”
Q. “What happened after you arrived at the motel?”
A. “He took me in.”
Q. “He took you in where?”
A. “The motel.”
Q. “Into a room?”
A. “Yes.”
Q. “And how long were you there?”
A. “Till about 5:30.”
Q. “During this period of time that you were in the motel did Mr. Morris have the shotgun with him?”
A. “Yes.”
Q. “While you were in the motel room did you have any conversations with Mr. Morris about where your father was ?”
A. “I asked him again.”
Q. “And what did he say?”
A. “He said he went to a party with some lady.”
Q. “Now when you were in the van did you at any time attempt to get out of the van ?”
A. “No.”
Q. “Was there any reason why you did not get out of the van?”
[215]*215A. “Yes.”
Q. “And what was that?”
A. “I was taped up.”
Q. “What parts of your body were taped up ?”
A. “My hands and my mouth.”
Q. “Did there come a time when the tape was removed from your person.”
A. “Yes.”
Q. “And where was that ?”
A. “In the motel.”
Q. “Did there come a time later or earlier that morning that you left the motel room ?”
A. “Yes.”
Q. “Do you know approximately what time that was?”
A. “Around 5:30.”
Q. “Did you leave the motel room with anyone?”
A. “Yes.”
Q. “And who did you leave with?”
A. “Morris.”
Q. “And where did you go ?”
A. “To a school behind my house.”
Q. “And how did you get there ?”
A. “In the white van.”
Q. “Would you tell me what, if anything, you were wearing?”
A. “A pink dress.”
Q. “And during this period of time between the time that you left the motel and the time you were dropped off at this school behind your house, did Mr. Morris have the shotgun with him?”
A. “Yes.”
Q.

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Related

Willis v. State
411 N.E.2d 696 (Indiana Court of Appeals, 1980)
Lagenour v. State
376 N.E.2d 475 (Indiana Supreme Court, 1978)

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Bluebook (online)
352 N.E.2d 705, 265 Ind. 212, 1976 Ind. LEXIS 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-state-ind-1976.