Sigler v. State

700 N.E.2d 809, 1998 Ind. App. LEXIS 1810, 1998 WL 734629
CourtIndiana Court of Appeals
DecidedOctober 22, 1998
Docket61A04-9802-PC-61
StatusPublished
Cited by6 cases

This text of 700 N.E.2d 809 (Sigler 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
Sigler v. State, 700 N.E.2d 809, 1998 Ind. App. LEXIS 1810, 1998 WL 734629 (Ind. Ct. App. 1998).

Opinions

OPINION

GARRARD, Judge.

John Sigler (Sigler) appeals from the denial of his petition for post-conviction relief. He claims the State failed to inform him of offers of consideration to and agreements with the State’s chief witness against him and failed to correct false trial testimony by that witness, violating his right to due process.

We affirm.

In 1985, Sigler was convicted of Murder and Conspiracy to Commit Murder. He previously appealed his conviction, which was reported in Siglar v. State, 541 N.E.2d 944 (Ind.1989). For the sake of clarity, we restate the facts relevant to his petition for post-conviction relief as follows: In late July or early August 1983, Loretta Stonebraker (Loretta) offered to pay Helen Williams (Williams) to kill Loretta’s husband, Leon Marion “Red” Stonebraker (Red). Williams refused. In early February 1984, Loretta asked Williams to reconsider and offered to pay Williams and Sigler $2,500 to kill Red. Later that month, Loretta increased her offer to $3,000. On February 13, 1984, Williams and Sigler told Loretta they would kill Red. Loretta set up the scheme to kill Red by asking Red to go steal a hog and suggesting he take Williams and Sigler along to help. Sigler, Williams and Red drove around looking for hogs. When they stopped at a barn, Sigler and Red exited the car. Sigler, who was carrying a gun, told Williams to leave for a while. When she returned fifteen to twenty minutes later, Sigler got back in the car and told her “it was over.” (Record at 712).1 Red was later found near the barn dead of a gunshot wound to the head.

Other witnesses at Sigler’s trial testified that Sigler told them he killed Red. Sigler claimed all of the witnesses who gave testimony linking him to Red’s death were either lying or mistaken.

Loretta’s trial commenced February 7, 1985 and Sigler’s trial commenced on March 202 In Loretta’s case, the State on January 25, 1985 had filed a Supplemental Response to Defendant’s Motion for Production, which stated: “[t]he State would also answer in response to the defendant’s motion to divulge any agreements entered into with the State’s witness Helen Williams, that the State has offered Helen Williams, through her attorney, a fixed term of twenty-five (25) years, in [811]*811return for her cooperation in this matter.” P.C.Record 134. At some point prior to her trial, the State passed a note to Williams’ attorney, which read: “[The sheriff] talked to Helen at my request: she — 1) won’t require written plea; 2) does not require fixed time prior to testifying; 3) is willing to “TRUST” US. How about it?” P.C.Record 147. (Emphasis in original.)

On March 11th, Sigler’s attorney filed a Motion to Reveal Agreements Entered into Between the State and Prosecution Witnesses, which requested “[a]ny and all consideration or promises of consideration given or offered to prospective State witnesses including ... Helen L. Williams_” Record 150. According to the affidavit of Sigler’s counsel, executed in 1997, the State responded by advising him that: a) Williams had agreed to testify against Sigler; b) Williams intended to plead guilty to Conspiracy to Commit Murder, a class A felony, after Si-gler’s trial; and c) Williams had no agreement with the State regarding her sentence and, consequently, was at some risk of receiving the maximum penalty for the crime if the court found sufficient aggravating circumstances. (P.C.Record 137-38). Sigler’s attorney stated that he did not know that the State had made an offer of twenty-five years to Williams, or that a written note had been exchanged between the State and Williams’ attorney.

At the post-conviction relief hearing, the prosecutor testified that although an offer for a fixed term had been made to Williams, she did not respond to that before Sigler’s trial. P.C.Record 162, 163, 168-69, 171. He also testified that he had no memory of the note, although he recognized it as being in his handwriting, and Williams had cooperated with the State all along and trusted that they “wouldn’t run her out on a rail no matter what happened.” Williams’ attorney testified that “there was never specified the amount of time that she would receive. We had obviously discussed many various periods of time but there had never been any agreement or any promise by the Prosecutor as to what we would receive.” P.C.Record 156. He also testified that had a specific length of sentence been offered to his client before Si-gler’s trial, he would have wanted a signed document to that effect. P.C.Record 157.

In its Findings of Fact and Conclusions of Law, the post-conviction court found that the handwritten note which the State gave to Williams’ attorney did not mention a length of time, and that although an offer had been discussed, no express agreement was reached. The court also found that even if the offer should have been revealed to petitioner’s attorney, it was harmless error because of the “sufficient and overwhelming” evidence to support the conviction. Record 95.

Standard of Review

To prevail on appeal from the denial of post-conviction relief, the petitioner must show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the trial court. Weatherford v. State, 619 N.E.2d 915, 917 (Ind.1993).

1. Failure to Disclose Information

Sigler argues the prosecutor’s failure to inform him of offers of consideration to and agreements with Williams violated his right to due process. The function of the prosecution in our adversary system of criminal justice is to ensure that justice prevails, not to procure convictions at any cost. Lewis v. State, 629 N.E.2d 934, 937 (Ind.Ct.App.1994). When the prosecution exceeds the function with which it is charged, both the defendant and society are wronged. Id. Thus, appellate courts have traditionally sub-, jected claims of prosecutorial misconduct to intensive review. Id.

It is within a prosecutor’s scope of authority to make promises and offers of immunity, leniency, money or other benefit to a State’s witness to induce cooperation. Schmanski v. State, 466 N.E.2d 14, 15 (Ind.1984). However, these practices place a burden upon the prosecution because they tend to impair the credibility of witnesses or to show interest, bias or motives as a witness. Id.

Our supreme court has previously acknowledged the importance of fully disclos[812]*812ing express plea agreements or understandings between the State and witnesses, even in cases where those agreements are not reduced to writing. Wright v. State, 690 N.E.2d 1098, 1113 (Ind.1997). An express agreement exists where there is a confirmed promise of lenience in exchange for that witness’ testimony. On the other hand, preliminary discussions need not be disclosed nor is disclosure required where in fact the witness hopes for leniency but the State neither confirms nor denies that hope to the witness. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Coleman v. State
946 N.E.2d 1160 (Indiana Supreme Court, 2011)
Fancher v. State
918 N.E.2d 16 (Indiana Court of Appeals, 2009)
Donnegan v. State
889 N.E.2d 886 (Indiana Court of Appeals, 2008)
Seketa v. State
817 N.E.2d 690 (Indiana Court of Appeals, 2004)
Sigler v. State
700 N.E.2d 809 (Indiana Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
700 N.E.2d 809, 1998 Ind. App. LEXIS 1810, 1998 WL 734629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sigler-v-state-indctapp-1998.