Badelle v. State
| Decision Date | 17 July 2001 |
| Docket Number | No. 49A02-0003-PC-193.,49A02-0003-PC-193. |
| Parties | Robert Earl BADELLE, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent. |
| Court | Indiana Appellate Court |
Sarah L. Nagy, Indianapolis, IN, Attorney for Appellant.
Steve Carter, Attorney General of Indiana, Andrew L. Hedges, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
On June 25, 1979, a jury found Appellant Petitioner Robert Earl Badelle ("Badelle") guilty of murder. The trial court sentenced Badelle to sixty years imprisonment. Badelle's conviction and sentence were affirmed on direct appeal. See Badelle v. State, 449 N.E.2d 1055 (Ind.1983)
. Badelle now appeals the post-conviction court's ("PCR Court") denial of his post-conviction petition challenging his murder conviction. We affirm.
Badelle raises eight issues on appeal, which we consolidate and restate as follows:
I. Whether the PCR Court properly excluded the hearsay testimony of Victoria Christ ("Christ") and Katherine Shepard ("Shepard"); and, prior hearsay statements given by James Highbaugh ("Detective Highbaugh");
II. Whether the State violated Brady v. Maryland;
III. Whether the PCR Court properly quashed Badelle's subpoena to Stephen Goldsmith ("Goldsmith");
IV. Whether Badelle received ineffective assistance of trial counsel and/or appellate counsel; and,
V. Whether there was sufficient evidence to support Badelle's conviction.
The facts, as set forth by our supreme court in Badelle's direct appeal, are as follows:
The facts adduced at trial show that on December 5, 1977, Robert Kannapel, Sr., and his son, Robert, Jr., were working together in a gasoline service station located at 16th and Meridian Streets in Indianapolis. At approximately 3:00 p.m., a man subsequently identified as Appellant Badelle walked into the station to get out of the drifting snowfall and presumably to wait on a ride. Despite the station's policy to the contrary, the Kannapels allowed Badelle to remain inside the front office area. During the next three hours, Mr. Kannapel, Sr., repaired automobiles in the station's service bay area while his son was in and out of the front office attending to the outside gasoline pumps. Several people passed through the station during this period and noticed Badelle loitering. At approximately 5 p.m., neighbor Joe Harris stopped at the station to visit. At approximately 6:00 p.m., Mr. Kannapel, Jr., left the station to make the station's daily bank deposit before going home. After his departure, Badelle asked Harris to call a cab for him. Harris looked up the number and gave it to Mr. Kannapel, Sr., who proceeded to place the call. Badelle thereupon went into the back office area where Mr. Kannapel, Sr. was. A scuffle ensued. Still in the front office area, Harris heard a gunshot and Kannapel's request for an ambulance. When Harris started into the station's rear area, Badelle confronted him and said that he would be shot if he continued any further. At that time, Harris observed Badelle holding a long-barrelled [sic], silver-colored pistol. Harris left the station and called the police. Vincent Carrol drove up to the station's gasoline pumps just as Harris was leaving and watched another man he described as looking like Badelle leave the station carrying a long-barrelled, silver-colored pistol in his hand. Mr. Kannapel subsequently died from his gunshot wound.
Badelle v. State, 449 N.E.2d 1055, 1056 (Ind.1983).
Additional facts found by the PCR Court read as follows:
FINDINGS OF FACT
1. The petitioner was found guilty of Murder by a jury on June 25, 1979 and was sentenced to 60 years' [sic] imprisonment. He appealed.
2. On June 13, 1983 the Supreme Court of Indiana unanimously affirmed the petitioner's conviction and sentence herein. . . .
3. On June 15, 1987 the petitioner filed a petition for post-conviction relief, which was answered by the State of Indiana on June 24, 1987. Subsequent petitions or amendments were filed by the petitioner on June 29, 1987; August 29, 1989; October 29, 1996 and May 27, 1999. It was the last of these proceedings that set-out the allegations of error presently before the Court.
4. An evidentiary hearing was held in the matter. Said hearing occupied all or part of the following days: September 20, 1999; October 18, 1999; December 2, 1999; and December 3, 1999. During these proceedings the Court heard testimony from 44 witnesses, some of whom testified more than once. Many items of documentary evidence were admitted. From the witnesses['] testimony and other evidence presented, the Court Finds:
On that same date evidence was heard, in part, on Petitioner's motion for new trial, with the hearing being continued to April 11, 1979. The hearing was finally completed on April 25, 1979, with the Court granting Petitioner's motion for new trial because of newly discovered evidence and the cause being set for trial on June 4, 1979.
(PC-R 66-70.) Additional facts will be supplied as needed.
This appeal presents the question of whether post-conviction relief was improperly denied by the PCR Court. Post-conviction proceedings do not afford defendants the opportunity for a "super-appeal." Conner v. State, 711 N.E.2d 1238, 1244 (Ind.1999) cert. denied. As such, post-conviction appeals do not substitute for direct appeals but provide a narrow remedy for...
To continue reading
Request your trial
-
Overstreet v. State
....... Ingle v. State, 746 N.E.2d 927, 933 (Ind. 2001) (quotation omitted) (finding there was no basis to conclude that prosecutor had any information that was not easily available from other sources); see also Badelle v. State, 754 N.E.2d 510, 536 (Ind.Ct. App.2001) (finding the defendant established a compelling and legitimate need for some of the information requested from former prosecutor, but the need was met by former prosecutor's affidavit and the testimony of a deputy prosecutor), trans. denied, 761 ......
-
Badelle v. Correll
......was shot and killed while working at an Indianapolis gas station. Robert Badelle was convicted of the murder by an Indiana jury in 1979 and sentenced to sixty years' imprisonment. Badelle's conviction and sentence were affirmed on direct appeal. Badelle v. State, 449 N.E.2d 1055 (Ind.1983) ( Badelle I ). . Four years after the final disposition of his direct appeal, Badelle commenced an action for postconviction relief in state court. For reasons not entirely clear from the record, this petition apparently remained pending for twelve ......
-
Caraway v. State
......denied, 531 U.S. 847, 121 S.Ct. 118, 148 L.Ed.2d 73 (2000)); Ackerman v. State, 774 N.E.2d 970, 977 n. 9 (Ind.Ct.App.2002) (noting the "long recognized right of an accused in this state to have counsel at all critical stages following the point of arrest"); Badelle v. State, 754 N.E.2d 510, 537-38 (Ind.Ct.App. 2001) (noting that although an accused has a right to counsel under both the Sixth Amendment and Article I, section 13 of the Indiana Constitution at critical stages of the proceedings, "[w]e find no support for the assertion that the right to counsel ......
-
Terry v. State
...... B. In-Court Identification Evidence . "[R]egardless of error in pretrial identification procedures or their suggestiveness if there is sufficient basis for identification independent of the pretrial procedure, there is no error in permitting the in-court identification." Badelle v. State, 754 N.E.2d 510, 538 (Ind.Ct.App. 2001), trans. denied, (quoting Filler v. State, 421 N.E.2d 1146, 1148 (Ind.Ct.App. 1981)). Our supreme court has identified seven factors that are relevant to determining whether a witness has a sufficient independent basis: . [1] the ......