Worthington v. State

405 N.E.2d 913, 273 Ind. 499
CourtIndiana Supreme Court
DecidedJune 13, 1980
Docket478S57
StatusPublished
Cited by17 cases

This text of 405 N.E.2d 913 (Worthington 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
Worthington v. State, 405 N.E.2d 913, 273 Ind. 499 (Ind. 1980).

Opinions

PRENTICE, Justice.

Defendant (Appellant) was charged with and convicted, in a trial by jury, of second degree murder in connection with the bathtub drowning death of her seven year old adopted daughter, Susan. Accordingly, she was sentenced to life imprisonment. Her direct appeal presents the following issues:

(1) Whether the adverse publicity was such that the defendant was denied her constitutional right to an impartial jury.

(2) Whether the trial court erred in allowing a trial prosecutor to testify.

(3) Whether the trial court erred in allowing the State to introduce evidence of prior acts of child abuse committed by defendant against the victim.

(4) Whether the trial court erred in denying defendant’s motion to suppress the testimony of an informant, Sheila Steele.

******

ISSUE I

Defendant contends that she was denied a trial by an impartial jury, and more specifically, that the trial court erred in denying her motions for change of venue from the county, based upon adverse pre-trial publicity. She argues that the circumstances in her case are similar to those present in Irvin v. Dowd, (1961) 366 U.S. 717, 81 S.Ct. 1639, 6 L.Ed.2d 751. We do not agree.

In Irvin, id., the Supreme Court of the United States reversed the conviction of the petitioner, Irvin, upon the grounds that he had been denied due process of law under the Fourteenth Amendment, for lack of an impartial jury. That Court carefully examined the adverse pre-trial publicity preceding Irvin’s trial and the record of the voir dire examination and concluded that the “ ‘pattern of deep and bitter prejudice’ shown to be present throughout the community” was clearly reflected by those jurors seated in the jury box. “Eight of the 12 thought petitioner was guilty.” Id. at 727, 81 S.Ct. at 1645, 6 L.Ed.2d at 759.

We find, however, that the facts of the Irvin case contrast sharply with those present in the case at bar. In the Irvin case, the publicity against him, had been so intense that it became obvious during the jury selection process that the adverse publicity had created “a pattern of deep and bitter prejudice” against him. Id. at 727, 81 S.Ct. at 1645, 6 L.Ed.2d at 758. Irvin produced 46 exhibits of adverse pretrial publicity; Defendant, in this case, produced only four. Irvin’s case had been the “cause celebre” of the community, so much so that there was almost a constant barrage of press releases against him during the six or seven months preceding his trial. In the case at bar, defense counsel remarked during voir dire that, in regard to the pre-trial publicity in this case, that it had lasted “Week, week and a half, little said about it except for isolated articles.” In the Irvin case, the trial court excused 268 persons for cause upon a showing that they had a fixed opinion as to his guilt. In the case at bar, only 3 persons were similarly excused for cause. In the Irvin case, 90% of the prospective jurors stated that they had an opinion as to the guilt or innocence of Irvin. In the case at bar, only six of the 35 prospective jurors had an opinion as to Defendant’s guilt. Three stated that they had a fixed opinion, and they were excused for cause. Several more prospective jurors who expressed doubts as to their ability to ignore press accounts of the case were peremptorily challenged. Of the 12 jurors and two alternates ultimately chosen in this case, ten of the jurors and both alternates stated categorically that they had no opinion in regard to Defendant’s guilt or innocence and that they would base their verdict upon the evidence adduced at trial only. One juror, Scheller, expressed some concern as to her ability to ignore what she had read in the newspaper, but stated that she [916]*916believed that she could give Defendant a fair trial. Another juror, Marner, stated that she had an opinion as to the Defendant’s guilt, but that she could ignore what she had read about the case, and would reach her verdict solely upon the evidence adduced at trial. She further stated that she could give the Defendant a fair trial. We see no error in denying the challenges as to these two jurors. The record of this voir dire proceeding, in its entirety, does not reflect the “pattern of deep and bitter prejudice” present in the Irvin case, nor does it reflect that the jurors seated in this cause were predisposed to rendering a guilty verdict.

Nor has Defendant demonstrated that her trial was conducted in the “Roman holiday” atmosphere which characterized the Sam Sheppard case. See, Sheppard v. Maxwell, (1966) 384 U.S. 333, 86 S.Ct. 1507, 16 L.Ed.2d 600. There has been no showing that the jury was exposed to prejudicial publicity or community pressure during Defendant’s trial.

Defendant also complains that the trial court refused to sequester the jury, issue a “gag” order, or question the jurors on a daily basis regarding the ongoing publicity. Her reliance on Lindsey v. State, (1973) 260 Ind. 351, 295 N.E.2d 819 is misplaced. In that case, a newspaper article, alleging facts never adduced at trial, was published at the end of the State’s case in chief during an overnight recess. The trial court acknowledged that the Defendant would be entitled to a mistrial if any juror had read the article, but did not ascertain whether any juror knew of the article until after the trial was completed and the jury had rendered its verdict. Examination of that jury revealed that, eight of the jurors had some awareness of the contents of the article. In reversing Defendant’s conviction, we held that the trial court erred in failing to take remedial action at the proper time to correct the potential prejudice created by the article. Id. at 356, 295 N.E.2d at 822. In the case at bar, however, the record reflects that the trial court did carefully instruct the jurors at the trial’s inception that they were not to talk about the case with others, that they were not to read or listen to press accounts of the case, and that they were to report to the court if anybody approached them about the case. At the trial’s conclusion, the trial judge questioned the jury to determine if any violations of his instructions had occurred and none were reported. Absent a basis for believing that the jury may have been subjected to improper out-of-court stimuli, there is no need to employ the procedure outlined in Lindsey.

We find no showing of any occurrence that would have “triggered” the Lindsey procedure.

ISSUE II

One of the key prosecution witnesses was Sheila Steele. She testified that, during the month of August, 1977, she had been locked inside the Porter County Jail for protective custody. Sheila had turned State’s witness in a case unconnected with the one before us and had been admitted for her personal safety, after having been threatened by parties in the other case. She testified that the Defendant had been placed in her cell, and that she had initiated a conversation in which she confessed to having drowned the child and spoke of the incident in detail. On cross-examination, defense counsel attempted to impeach Sheila’s credibility by showing that she would receive favorable consideration in her case as a reward for cooperating with the prosecution in the instant case.

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

Related

Brown v. Finnan
598 F.3d 416 (Seventh Circuit, 2010)
Jones v. State
825 N.E.2d 926 (Indiana Court of Appeals, 2005)
Ferguson v. State
670 N.E.2d 371 (Indiana Court of Appeals, 1996)
Ridenour v. State
639 N.E.2d 288 (Indiana Court of Appeals, 1994)
Hughett v. State
557 N.E.2d 1015 (Indiana Supreme Court, 1990)
Carter v. State
512 N.E.2d 158 (Indiana Supreme Court, 1987)
Hill v. State
445 N.E.2d 994 (Indiana Supreme Court, 1983)
Shelby Federal Savings & Loan Ass'n v. Doss
431 N.E.2d 493 (Indiana Court of Appeals, 1982)
Wolfe v. State
426 N.E.2d 647 (Indiana Supreme Court, 1981)
Cherry v. State
414 N.E.2d 301 (Indiana Supreme Court, 1981)
Howell v. State
413 N.E.2d 225 (Indiana Supreme Court, 1980)
Shepler v. State
412 N.E.2d 62 (Indiana Supreme Court, 1980)
Cobb v. State
412 N.E.2d 728 (Indiana Supreme Court, 1980)
Drollinger v. State
408 N.E.2d 1228 (Indiana Supreme Court, 1980)
Worthington v. State
405 N.E.2d 913 (Indiana Supreme Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
405 N.E.2d 913, 273 Ind. 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worthington-v-state-ind-1980.