Thompson v. State

690 N.E.2d 224, 1997 Ind. LEXIS 234, 1997 WL 795994
CourtIndiana Supreme Court
DecidedDecember 23, 1997
Docket49S00-9507-DP-869
StatusPublished
Cited by107 cases

This text of 690 N.E.2d 224 (Thompson 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
Thompson v. State, 690 N.E.2d 224, 1997 Ind. LEXIS 234, 1997 WL 795994 (Ind. 1997).

Opinions

BOEHM, Justice.

Jerry K. Thompson was convicted of two counts of murder,1 two counts of robbery,2 and one count of carrying a handgun without a license.3 The trial court sentenced Thompson to death for the murders and imposed a term of years for the other convictions. To [228]*228prove that Thompson was the perpetrator, the State presented evidence that he stole the murder weapon, a handgun, in the course of committing a different murder a month earlier. Although this testimony was admitted only to show that the gun had been in Thompson’s possession before the crimes in this case, the State was allowed to elicit significant details of the prior murder and to establish that Thompson was convicted for it. Because we conclude that the extensive evidence of the prior crime was inadmissible under Indiana Evidence Rules 402, 403, and 404(b), and denied Thompson a fair trial, we reverse the convictions and remand for a new trial.

Factual and Procedural History

On March 14,1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson’s involvement in the killings. A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. That charge was eventually dismissed in exchange for Percy’s testifying about the deaths of Hillis and Beeler. According to Percy, on the day of the killings, he and Thompson went to Hillis Auto Sales where, without any forewarning, Thompson shot both victims and Thompson and Percy robbed them. Percy was the only witness conclusively placing Thompson at the scene. Thompson was charged and a jury convicted him on all counts. He appeals. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7).

I. Reading of Death Penalty Information in Voir Dire

We first take up an issue not raised by the parties. The trial court began the voir dire, before any questioning had occurred, by reading both the charging information and the death penalty information to all prospective jurors. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. This occurred with the apparent assent of all counsel. One of the aggravating circumstances was Thompson’s prior conviction of the murder of Wesley Crandall Jr., discussed in more detail below.4 Although it was proper to inform prospective jurors of the crimes charged, the trial court erred in advising the jury of the death penalty information before the sentencing phase. There is enormous potential for prejudice in the guilt phase if the jury is permitted to know from the outset, in a murder case, that the defendant is a convicted killer. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. Brewer v. State, 275 Ind. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind.1990) (citing Brewer).

Brewer noted that, as in habitual offender proceedings, the death penalty information must be pleaded on a separate page from the charging instrument to “shield [the defendant] from the hazard of having the knowledge of his prior criminal record prematurely imparted to the jury.”5 Brew[229]*229er, 275 Ind. at 367, 417 N.E.2d at 906. Brewer also established that the jury is im-permissibly tainted “when the aggravating circumstance to be charged is either a prior murder conviction, a prior murder unrelated to the current offense, or a prior life sentence.” Id. at 368, 417 N.E.2d at 906. And, as Evans put it, if the aggravating circumstances are “prior unrelated crimes ... it is necessary that the information of prior crimes be withheld from the jury until the instant case is decided.” Evans, 563 N.E.2d at 1259. Thus it was error to inform jurors of Thompson’s conviction of Crandall’s murder prior to the penalty phase. Cf. Leonard v. United States, 378 U.S. 544, 84 S.Ct. 1696, 12 L.Ed.2d 1028 (1964) (per curiam) (conviction reversed because five jurors had been present when the defendant’s conviction of a similar charge was announced in open court before the trial); Scott v. Lawrence, 36 F.3d 871 (9th Cir.1994) (in action against prison officials under 42 U.S.C. § 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate’s prior convictions for rape and sexual assault). We need not address whether this error is a ground for reversal in the absence of any objection by the defense because the convictions must be set aside for the reasons explained in Parts II and III. The issue is raised sua sponte to emphasize what Brewer and Evans made clear as to how prospective jurors should be instructed on aggravating circumstances in capital cases.

II. Evidence of Prior Uncharged Misconduct

On February 14, 1991, one month before the murders in this case, Wesley Crandall Jr. was shot to death in his home in New Castle, Indiana. In brief, Percy testified that he and Thompson went to Crandall’s house that day to purchase marijuana and that Thompson assaulted and shot Crandall.6 Thompson then stole several of Crandall’s guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June 1991, and ballistics tests confirmed to be the weapon used to kill Hillis and Beeler. Percy’s testimony about the Crandall murder was thus introduced to prove an important element of the State’s case — that Thompson had access to the murder weapon before the killings at Hillis Auto Sales.

Indiana Evidence Rule 404(b) provides that “[ejvidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or acci-dent_” Citing Evidence Rules 402 (relevance) and 403 (balance of probative value and prejudice), Thompson argues that the State elicited far more evidence about Cran-dall’s death than was necessary to prove this aspect of its case. He contends that a drumbeat of prejudicial and irrelevant evidence related to Crandall’s killing induced the jury to draw the “forbidden inference,” at the core of Rule 404(b), that Thompson killed once, so must have done so again. The State responds that a portrayal of the Crandall murder was not prohibited by Rule 404(b) because it helped prove Thompson’s identity as the killer. The State' also claims that any prejudice to Thompson was offset by a limiting instruction to the jury to constrain its consideration of prior acts to the issue of identity.

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Cite This Page — Counsel Stack

Bluebook (online)
690 N.E.2d 224, 1997 Ind. LEXIS 234, 1997 WL 795994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-state-ind-1997.