Vinson v. State

735 N.E.2d 828, 2000 Ind. App. LEXIS 1572, 2000 WL 1429390
CourtIndiana Court of Appeals
DecidedSeptember 28, 2000
Docket52A04-0001-CR-13
StatusPublished
Cited by7 cases

This text of 735 N.E.2d 828 (Vinson 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
Vinson v. State, 735 N.E.2d 828, 2000 Ind. App. LEXIS 1572, 2000 WL 1429390 (Ind. Ct. App. 2000).

Opinion

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Defendant Everett Vinson (Vinson) appeals his conviction of theft, a Class D felony, Ind.Code § 35-43-4-2(a), and armed robbery, a Class B felony, Ind. Code § 35-42-5-1(1).

We affirm.

ISSUES

Vinson raises eight issues on appeal, which we consolidate and restate as follows:

1. Whether the trial court erred when it allowed two investigating police officers to remain at the Prosecutor’s table during trial despite a separation of witnesses order.

2. Whether the trial court improperly admitted hearsay evidence.

3. Whether the trial court improperly admitted the entire written statement of an eyewitness.

4. Whether the trial court improperly limited Vinson’s cross-examination of State’s witness Dennis Jordan (Jordan).

5. Whether the trial court erred by permitting a police officer to testify that the clothes worn by a perpetrator in a videotape were the same as the clothing worn by Vinson when he was arrested.

6. Whether the trial court erred by allowing the State to reopen its case to answer a juror’s question propounded to a witness, thereby permitting the Prosecutor *830 to ask the witness questions with respect to the juror’s question.

FACTS AND PROCEDURAL HISTORY

On May 15, 1999, a man walked into Phillips 66 gas station in Peru, Indiana, pulled out a long knife, and demanded money from the cashier. Chrissy Rush-ford (Rushford) was the cashier on duty and complied with the man’s demand. Sandra Humbert (Humbert), a customer in the store witnessed the robbery. Hum-bert later testified that she got a good look at the robber and stated that she saw the car the man used to flee the scene. Hum-bert also told Rushford the license plate of the vehicle. After the robber fled the gas station, Rushford called the police and repeated to them the license plate that Hum-bert had told her. When the police arrived, both Rushford and Humbert gave descriptions of the robber.

Two days earlier, on May 13, 1999, Jordan reported to the police that Vinson had been in his apartment and had stolen his license plate for use on Vinson’s own vehicle.

Thereafter, on May 17, 1999, an attendant at a gas station in Hobart, Indiana, reported that a man had driven away from the station without paying for his gas. The car the attendant described was similar to Vinson’s vehicle. Officer Mark Wef-ler (Wefler) responded to the radio dispatch, and soon spotted a car matching the attendant’s description. Officer Wefler ran a check on the license plate and learned that the license plate had been reported stolen. Office Wefler apprehended Vinson and another officer found a long knife under the driver’s seat of Vinson’s vehicle. Because the license plate number on Vinson’s vehicle matched the one that Jordan had reported stolen, and was similar to the number Rushford and Humbert had given the Peru police, the Hobart police detained Vinson until the Peru police arrived.

The Peru police took Vinson into custody. Humbert identified Vinson’s car as the one used in the robbery. She also identified Vinson in a photographic lineup, and identified him at trial.

On May 28, 1999, Vinson was charged with theft, a Class D felonyj Ind.Code § 35-43-4-2(a), and armed robbery, a Class B felony, Ind.Code § 35-42-5-1(1). At the conclusion of a two-day jury trial, the jury found Vinson guilty as charged. Vinson now appeals.

DISCUSSION AND DECISION

I. Ind.Eviden.ce Rule 615

Vinson argues that the trial court committed reversible error when, after ordering the separation of witnesses, he granted the State’s request to permit two police officers to remain at the Prosecutor’s table during the trial. Specifically, Vinson contends that Evid.R.615 permits only one police officer witness to remain in the courtroom during trial. We disagree.

Prior to the adoption of Indiana Evidence Rule 615, when a motion for separation of witnesses was made, the ruling on the motion was left to the sound discretion of the trial court and each party had a right to have one person in the courtroom to assist counsel. Bell v. State, 610 N.E.2d 229, 233 (Ind.1993), reh’g. denied. It was also the common law rule that a police officer may remain in the courtroom even though he may be called as a witness. See Id. These rules were replaced by Indiana Evidence Rule 615 which provides:

At the request of a party, the court shall order witnesses excluded so that they cannot hear the testimony of or discuss testimony with other witnesses, and it may make the order on its own motion. This rule does not authorize the exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party that is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party’s cause.

*831 The adoption of this Rule altered prior case law. Under our common law evidence regime, the decision to grant a separation of witnesses order was within the sound discretion of the trial court. See Garland v. State, 439 N.E.2d 606, 608 (Ind. 1982). But under Rule 615, the trial court is required to grant motions for separation of witnesses orders. Smiley v. State, 649 N.E.2d 697, 699 n. 5 (Ind.Ct.App.1995), trans. denied. As the second sentence of Rule 615 makes clear, there are certain witnesses whom. a court cannot exclude from the trial proceedings. Fourthman v. State, 658 N.E.2d 88, 90-91 (Ind.Ct.App. 1995), trans. denied. A trial court is now required to grant a party’s request for a witness separation order except for certain witnesses identified by the rule as not being subject to exclusion. Fourthman, 658 N.E.2d at 90. Whether a witness fits in an exemption under Rule 615 is within the trial court’s discretion, but once a witness has been included in an exemption, the court has no discretion to exclude the witness. Id. Therefore, if a witness falls within one of the exemptions enumerated under Indiana Evidence Rule 615, that witness shall be allowed to remain in the courtroom. Id.

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Bluebook (online)
735 N.E.2d 828, 2000 Ind. App. LEXIS 1572, 2000 WL 1429390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vinson-v-state-indctapp-2000.