Parker v. State

501 N.E.2d 1131, 1986 Ind. App. LEXIS 3309
CourtIndiana Court of Appeals
DecidedDecember 30, 1986
DocketNo. 84A01-8605-CR-134
StatusPublished
Cited by2 cases

This text of 501 N.E.2d 1131 (Parker 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
Parker v. State, 501 N.E.2d 1131, 1986 Ind. App. LEXIS 3309 (Ind. Ct. App. 1986).

Opinions

ROBERTSON, Presiding Judge.

Defendant-appellant James Parker (Parker) appeals his conviction of reckless homicide, a class C felony, and the presumptive sentence imposed.

We affirm.

The facts relevant to our decision can be briefly summarized. Parker was charged with murder in the death of Robert Ash (Ash), Parker's supplier of cocaine. On the afternoon of July 6, 1985, Ash removed approximately $117.00 from a coffee table while making a cocaine delivery at Parker's home. Parker accused Ash of taking the cash. When Ash refused to return the money, Parker tried to intimidate him with a steak knife, initiating a physical altercation. Parker, a wrestling coach, performed an arm drag on Ash, causing Ash to move into the knife, causing his death. Parker hid the body in his basement, and disposed of the knife and some clothing in a nearby dumpster. He led the police to the body the following morning, after he had returned from work. At his trial, Parker relied on at least two theories: that the death as it had been described by Parker was accidental, and that he acted in defense of himself or property.

Parker presents the following issues for our review on this appeal:

1. Whether the court committed reversible error by admitting, during the State's case-in-chief, evidence that Parker had been convicted previously and that he had engaged in another act of criminal misconduct.

2. Whether the court erred in admitting into evidence photographs of the defend- | ant's wife and child, contained in the defendant's wallet at the time of arrest.

8. Whether the court erred in imposing the presumptive sentence for reckless homicide.

ISSUE ONE

Parker sought by motion in limine to prevent the introduction of evidence by the State of "any alleged prior violent or misconduct by the defendant unless the defendant puts his character in issue...." The court granted the motion. However, during its case-in-chief, the State offered a taped interview of Parker, conducted the day after the homicide. The tape contained the following questions and answers:

Officer: Okay. Jim, have you ever been in any trouble before? Ever have any serious problems?
Parker: Well, I got picked up at Sonka's one time for home ... home grown pot. Home grown. I had one joint. That was the officer that we in there.
Officer: Is that right? Okay.
Parker: And I got a DWI and didn't have a driver's license.

Parker objected to the admission of this portion of the tape as irrelevant, immaterial, and highly prejudicial, arguing that the evidence could not properly be used for impeachment purposes pursuant to Ashton v. Anderson (1972), 258 Ind. 51, 279 N.E.2d 210, or for purposes of proving the defendant's bad character, until the defendant put his character in issue. The State acknowledged that it did not offer the statements to impeach Parker or in an effort to question Parker's character, but in support of its case. The State argued that the admission of the prior conviction and criminal activity would be harmless, would contribute to the flow of the statement, and would be proper because the statements were obtained after Miranda advisements.)1 The State did not argue that the statements [1134]*1134were admissible in its case-in-chief pursuant to any recognized exception. The trial court ruled that it would admit the taped statement without editing but with an admonishment to the jury to ignore entirely "any reference to uh ... pot or DWI ... if that's what you believe the statement says." (R. 320).

The general rule in Indiana regarding the admission of evidence which shows or tends to show an accused is guilty of other independent criminal activity from the crime charged is that such evidence is inadmissible. Jenkins v. State (1985), Ind., 474 N.E.2d 84, 88. The rule is predicated upon the precept that an accused has the right to know the nature of evidence and cause of the accusation against him, Malone v. State (1982), Ind., 441 N.E.2d 1339, 1845, and strengthens the due process presumption of innocence accorded every individual accused of a crime by forbidding the State from attacking an accused's character before the accused has put his character in controversy. Id. at 1346. In addition, the rule prevents the State from raising collateral issues which confuse the jury or divert its attention from the guilt or innocence determination in the charges before it. Id.

Evidence of other criminal acts may be admissible in certain cases, however, to prove an accused's identity, knowledge, intent, motive, or to demonstrate a common scheme or plan. Jenkins, 474 N.E.2d at 88. To be admissible by one of these exceptions, the evidence must possess substantial probative value, and be significantly related to the charged crime in time, place and circumstance so as to be logically relevant. Malone, 441 N.E.2d at 1846.

In addition to the evidentiary rules governing specific bad acts are rules governing the admissibility of acts of which the defendant has already been convicted. When acts of misconduct have resulted in convictions, only those convictions for crimes of an infamous nature, ie. crimes which would formerly have rendered the convicted person incompetent as a witness, or crimes involving dishonesty or false statement may be used, and then, only for impeachment purposes. Askton, 279 N.E.2d at 210. Where the evidence does not fit into any of the exceptions to the general rule, our courts have concluded that the purpose of its admission was to prejudice the defendant in the minds of the jury. See, Burns v. State (1970), 260 N.E.2d 559.

It is readily apparent that the trial court did not have a proper basis for admitting the testimony relating to either the defendant's prior use of marijuana or his conviction of driving while intoxicated. Thus, we must consider whether the admission of this evidence was so prejudicial as to result in a denial of due process, warranting reversal. In doing so we must acknowledge a series of cases in which the Indiana courts have held that informing a jury of a defendant's prior convictions amounts to fundamental error.

Beginning with Lawrence v. State (1972), 259 Ind. 306, 286 N.E.2d 830, we have recognized an inherent unfairness in habitual offender proceedings which permit a jury to learn of a defendant's past conviec-tions while deciding guilt or innocence on the principal charge. In these settings, a conviction on the principal charge, possibly influenced by the prior convictions necessary for the second segment of the trial, may be needed to obtain a conviction on the habitual criminal charge, creating a circuitous dependency and circumventing the defendant's right to a fair trial. Id. at 833-834. We have extended the rationale of Lawrence to other situations where it is necessary to allege a prior conviction in order to raise the crime from a class A misdemeanor to a class D felony. See, Sweet v. State (1982), Ind., 489 N.E.2d 1144; Smith v. State (1983), Ind.App., 451 N.E.2d 57; Ours v. State (1983), Ind.App., 452 N.E.2d 1073.

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Humphrey v. State
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550 N.E.2d 838 (Indiana Court of Appeals, 1990)

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Bluebook (online)
501 N.E.2d 1131, 1986 Ind. App. LEXIS 3309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-state-indctapp-1986.