Richardson v. State

122 N.E.3d 923
CourtIndiana Court of Appeals
DecidedApril 18, 2019
DocketCourt of Appeals Case No. 18A-CR-2263
StatusPublished
Cited by3 cases

This text of 122 N.E.3d 923 (Richardson 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
Richardson v. State, 122 N.E.3d 923 (Ind. Ct. App. 2019).

Opinion

IV. Sufficiency of the Evidence

[24] When reviewing the sufficiency of the evidence to support a conviction, appellate courts must consider only the probative evidence and reasonable inferences supporting the verdict. It is the fact-finder's role, not that of appellate courts, to assess witness credibility and weigh the evidence to determine whether it is sufficient to support a conviction. To preserve this structure, when appellate courts are confronted with conflicting evidence, they must consider it most favorably to the trial court's ruling. Appellate courts affirm the conviction unless no reasonable fact-finder could find the elements of the crime proven beyond a reasonable doubt. It is therefore not necessary that the evidence overcome every reasonable hypothesis of innocence. The evidence is sufficient if an inference may reasonably be drawn from it to support the verdict.

Drane v. State , 867 N.E.2d 144, 146-47 (Ind. 2007) (citations, emphasis, and quotations omitted).

[25] Initially, we note that Richardson's claim regarding the sufficiency of *932the evidence was based entirely on his claim that the trial court abused its discretion in admitting Exhibits 3, 6, and 7. However, given our conclusion that the trial court did not abuse its discretion in that regard, the jury could consider the Exhibits in determining that the State produced sufficient evidence to prove Richardson's guilt.

[26] In order to convict Richardson of Level 4 felony dealing in a narcotic drug, the State was required to prove that Richardson knowingly or intentionally delivered or possessed with the intent to deliver between one and five grams of heroin. Ind. Code § 35-48-4-1. The evidence establishes that Richardson possessed 4.29 grams of heroin, which he instructed Bain to hide when his vehicle was stopped by police. He also sold 3.0 grams of heroin to Burroughs. The evidence is sufficient to sustain Richardson's conviction.

[27] The judgment of the trial court is affirmed.

Tavitas, J., concurs.

Crone, J., concurs in part and concurs in result in part with opinion.

Crone, Judge, concurring in part and concurring in result in part.

[28] I fully concur as to issues II through IV, but I write separately to express my concerns regarding the Batson analysis in issue I.

[29] With respect to the first stage of the three-stage Batson process, I agree with my colleagues that "Richardson made a prima facie case that the State's peremptory challenge suggested an inference of discrimination because the potential juror was the only African-American member of the venire." Op. at 928.

[30] Once the defendant makes a prima facie showing, the burden then shifts to the State in the second stage to come forward with a race-neutral explanation for challenging a venireperson. In this case, the prosecutor gave the following reasons for striking the potential juror:

[W]e found [the potential juror] to be um, aggressive and dominant in the conversation um, in her answering she was always the first to speak out um, she's-was very um, in her language it was "I" uh, we're looking for a group so when we're analyzing juries we're looking for more of what we will decide. She had dominant body language and under our system of what we look for in life experience, in personality what is exhibited here in um, the kinds of t.v. shows that she enjoys, the kinds of reading um, and the kinds of hobby activities she fits into the category um, for us to strike and not want on the jury.

Tr. Vol. 1 at 76. At that point, the trial court did not make a specific finding that these reasons were race neutral.

[31] "At the third and last stage of a Batson inquiry, 'in light of the parties' submissions, the trial court must determine whether the defendant has shown purposeful discrimination.' " Addison , 962 N.E.2d at 1209 (quoting Snyder v. Louisiana , 552 U.S. 472, 477, 128 S.Ct. 1203, 170 L.Ed.2d 175 (2008) ). "Although the burden of persuasion on a Batson challenge rests with the party opposing the strike, the third step-determination of discrimination-is the 'duty' of the trial judge." Id. at 1210 (citation omitted). "The trial court evaluates the persuasiveness of the step two justification at the third step. It is then that 'implausible or fantastic justification may (and probably will) be found to be pretexts for purposeful discrimination.' " Id. (quoting Purkett , 514 U.S. at 768, 115 S.Ct. 1769 ). "The issue is whether the trial court finds the prosecutor's race-neutral explanation credible." Id. " '[T]he rule in Batson provides an opportunity to the prosecutor to give the reason for striking *933the juror, and it requires the judge to assess the plausibility of that reason in light of all evidence with a bearing on it.' " Id. (quoting Miller-El v. Dretke , 545 U.S. 231, 251-52, 125 S.Ct. 2317, 162 L.Ed.2d 196 (2005) ). "Also, at the third stage, the defendant may offer additional evidence to demonstrate that the proffered justification was pretextual." Id.

[32] Here, Richardson apparently offered no additional evidence to demonstrate that the prosecutor's proffered justifications for striking the potential juror were pretextual. See Tr. Vol. 1 at 77 ("Judge, (inaudible) her ethnicity (inaudible) uh, State proper reason uh, I think um, I don't have any other (inaudible).").2 And ultimately, the trial court found "that the reasons articulated by the [prosecutor were] appropriate

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Cite This Page — Counsel Stack

Bluebook (online)
122 N.E.3d 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-state-indctapp-2019.