Thornton v. State

712 N.E.2d 960, 1999 Ind. LEXIS 396, 1999 WL 374261
CourtIndiana Supreme Court
DecidedJune 9, 1999
Docket49S00-9612-CR-750
StatusPublished
Cited by23 cases

This text of 712 N.E.2d 960 (Thornton 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
Thornton v. State, 712 N.E.2d 960, 1999 Ind. LEXIS 396, 1999 WL 374261 (Ind. 1999).

Opinion

SULLIVAN, Justice.

Defendant Anthony Thornton was found guilty of Murder for stabbing his wife to death. He appeals, arguing that the evidence was insufficient to support his conviction. He also contends the trial court improperly excluded certain evidence that he says established the bias of a key State witness against him. Finding the evidence sufficient and no reversible error in the exclusion of evidence, we affirm.

We have jurisdiction over this direct appeal because the longest single sentence exceeds fifty years. Ind. Const, art. VII, § 4; Ind. Appellate Rule 4(A)(7).

Background

Defendant was married to Jeannine Thornton for thirteen years. They had two children; Jeannine had another daughter, Late-ría, aged 14. Their time living together was regularly interrupted by voluntary separations and defendant’s incarcerations. When they were living together, their marriage was frequently punctuated by defendant’s violent behavior toward Jeannine.

In December, 1994, defendant was arrested for failure to pay child support. At that time, Kenneth Jones moved into the apartment with Jeannine. Shortly thereafter, Jeannine became pregnant, she believed, with Jones’s child. After defendant was released in April, 1995, and Jones was arrested a few weeks later, defendant moved back in with Jeannine.

Two days later, an argument arose over the removal of Jones’s belongings. The next morning, Jeannine was found dead on the couch. An autopsy revealed that she died of multiple stab wounds. The State later charged defendant with Murder. 1 Defendant waived his right to a jury trial and a bench trial commenced on July 16, 1996. The next day, the trial court found defendant guilty.

We will recite additional facts as needed.

Discussion

I

Defendant first contends that there was insufficient evidence to find him guilty of murder, asserting that the State presented no direct evidence linking him to the crime and that it did not present evidence refuting defendant’s theory of the murder.

When sufficiency of the evidence is challenged, this Court will neither reweigh the evidence nor review the credibility of witnesses. Powers v. State, 696 N.E.2d 865, 869 (Ind.1998); Kingery v. State, 659 N.E.2d 490, 493 (Ind.1995). We look to the evidence most favorable to the verdict together with all reasonable inferences therefrom and then “determine whether there is substantial evidence of probative value from which the trier of fact might reasonably have found the defendant guilty beyond a. reasonable doubt.” Id. (citing Landress v. State, 600 N.E.2d 938, 940 (Ind.1992)); Powers, 696 N.E.2d at 869.

A

As to defendant’s claim that the State did not present direct evidence linking him to the killing, we observe that circumstantial evidence alone will support a verdict of murder. Utley v. State, 589 N.E.2d 232, 241 (Ind.1992), cert. denied, 506 U.S. 1058, 113 S.Ct. 991, 122 L.Ed.2d 142 (1993); Heck v. State, 552 N.E.2d 446, 449 (Ind.1990). It is within the province of the trier of fact to *962 determine facts from evidence presented to it, and judge the credibility of those facts. Kingery, 659 N.E.2d at 493. Additionally, the trier of fact is to draw reasonable inferences from facts established either directly or through circumstantial evidence. Metzler v. State, 540 N.E.2d 606, 609 (Ind.1989).

The evidence most favorable to the judgment was as follows. Latoria testified that during the argument over the removal of Jones’s belongings, defendant was sharpening a knife in the kitchen. The argument escalated to such a level that Jeannine told Latoria to take the two younger children into the bedroom. Latoria took the children to the bedroom, closed the door, and watched television. She fell asleep at approximately 8:30 p.m., only to be awakened by a scream. Hearing nothing further, she fell back asleep.

At approximately 6:30 a.m. the next morning, defendant entered Latoria’s room wearing only boxer shorts and a T-shirt to tell her to get ready for school. According to Lato-ria, this was the first time that defendant had ever come to awaken her for school. In fact, Latoria had been suspended from school and went back to sleep. At about 10 or 11 a.m., she awoke and noticed what she thought was her mother asleep on the couch under a blanket. Defendant was not in the apartment at this time. Latoria returned to her bed and went back to sleep. At around noon, Latoria discovered that all was not right with her mother and summoned a neighbor and relative, Towanda Robertson, who called the police. As noted supra, Jeannine had been stabbed to death. The State later demonstrated that the body had laid on the floor for some time before being moved to the couch.

After the police and ambulance arrived, Towanda Robertson received a phone call from defendant telling her that he had seen the emergency vehicles in front of the apartment and wondered what was happening. He inquired as to the children’s well-being but not Jeannine’s. When he was later taken into custody, defendant volunteered that he and his wife had a “spat.” Defendant further explained that after he left the apartment, he just wandered around Indianapolis the rest of the evening without ever returning or entering the apartment. Defendant later testified that he returned to Jeannine’s apartment around 2 a.m., unlocked the door, saw what he believed to be a sleeping Jeannine on the couch, checked on the children, removed his clothes and went to bed alone.

The evidence supports an inference that defendant killed Jeannine. First, although the knife used to kill Jeannine was never recovered, Latoria placed defendant in the apartment the evening of her death sharpening a pocket knife. Second, after discovering her mother’s body, Latoria had to unlock the door (a door that could only be locked from the outside). Detectives at the scene found no evidence of forced entry. This indicates that the perpetrator had a key to the apartment, which defendant did. (R. at 303-06.) Third, detectives were unable to recover the clothes defendant wore the night Jeannine was killed. Finally, the court could have inferred that defendant had a motive to harm his wife because of anger at her relationship with Jones — his belongings were in the house and she was pregnant with his child.

While the evidence presented by the State is circumstantial, considering all evidence most favorable to the verdict as well as drawing all reasonable inferences, we find the trial court could have reasonably concluded that the defendant killed Jeannine.

B

Defendant also argues that the State failed to disprove defendant’s theory of the murder.

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Bluebook (online)
712 N.E.2d 960, 1999 Ind. LEXIS 396, 1999 WL 374261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-state-ind-1999.