Baker v. State, No. 679S157

Docket NºNo. 679S157
Citation400 N.E.2d 137, 272 Ind. 554
Case DateFebruary 13, 1980
CourtSupreme Court of Indiana

Page 137

400 N.E.2d 137
272 Ind. 554
William BAKER, Appellant,
v.
STATE of Indiana, Appellee.
No. 679S157.
Supreme Court of Indiana.
Feb. 13, 1980.

[272 Ind. 555] Benjamin F. Crawford, III, Terre Haute, for appellant.

Theo. L. Sendak, Atty. Gen., Jeffrey K. Baldwin, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Appellant William Baker was charged in Vigo Superior Court with criminal deviate conduct, Ind.Code § 35-42-4-2 (Burns 1979 Repl.). This charge arose out of the attack and sexual assault of a woman on the campus of Indiana State University on October 23, 1977. Appellant was tried to a jury and convicted on this charge. The trial court sentenced Baker to thirty years imprisonment. Appellant raises two issues for our review, concerning: (1) whether the trial court erred in denying appellant's motion to suppress and admitting his confession into evidence; and (2) whether the evidence is sufficient to sustain the conviction.

I.

Appellant first challenges the admissibility of his confession. He argues that, under the totality of circumstances, the confession was given involuntarily. In support of this issue, appellant cites us to evidence which allegedly indicates that he was coerced into making the confession.

As an initial matter, we note our standard of review on a question of this type. We review the question of the admissibility of a confession as we do other sufficiency matters. We do not weigh the evidence,

Page 138

but rather determine whether there is substantial evidence to support the trial court's finding. This Court will not disturb a trial court's ruling on this question when that ruling is based on conflicting evidence. Tyson v. State (1979) Ind., 386 N.E.2d 1185, 1188-89; Arch v. State (1978) Ind., 381 N.E.2d 465, 468; Carpenter v. State (1978) Ind., 383 N.E.2d 815, 818; Combs v. State (1978) Ind., 372 N.E.2d 179, 180; Harrison v. State (1978) Ind., 382 N.E.2d 920, 923-924; Richardson v. State (1978) Ind., 373 N.E.2d 874, 875. See Owen v. State (1978) Ind., 381 N.E.2d 1235, 1239.

In the case before us, the evidence most favorable to the State reflects [272 Ind. 556] that appellant was arrested on November 27, 1977, and charged with carrying a concealed weapon. At the time of his arrest, appellant was not a suspect in this case. He pleaded guilty to this charge and was sentenced to one year imprisonment on the Indiana State Farm. A few days later, the police officers investigating the present case went to the State Farm to question...

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7 practice notes
  • Judy v. State, No. 580S128
    • United States
    • January 30, 1981
    ...238, 89 S.Ct. 1709, 23 L.Ed.2d 274; Johnson v. Zerbst (1938) 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461. See Baker v. State (1980) Ind., 400 N.E.2d 137; Holleman v. State (1980) Ind., 400 N.E.2d 123; Tyson v. State (1979) Ind., 386 N.E.2d 1185; State v. Brown (1941) 219 Ind. 251, 37 N.E.2d ......
  • Fleener v. State, No. 1079S289
    • United States
    • November 26, 1980
    ...we find that there was substantial evidence of probative value to support the trial court's ruling. See Baker v. State, (1980) Ind., 400 N.E.2d 137, 138; Richardson v. State, (1978) 268 Ind. 61, 64, 373 N.E.2d 874, ISSUE II The defendant contends that his confession and other statements att......
  • Buck v. State, No. 582S190A
    • United States
    • Indiana Supreme Court of Indiana
    • September 28, 1983
    ...probative evidence to support the trial court's finding. Taylor v. State, (1980) Ind., 406 N.E.2d 247; Baker v. State, (1980) Ind., 400 N.E.2d 137. Furthermore, we stated in Phillips v. State, (1981) Ind., 425 N.E.2d 119, "When a defendant challenges the voluntariness of his confession......
  • Berry v. State, No. 49S00-9707-CR-411
    • United States
    • Indiana Supreme Court of Indiana
    • December 17, 1998
    ...re-weigh the evidence, but rather determine whether there is substantial evidence to support the trial court's findings. Baker v. State, 272 Ind. 554, 400 N.E.2d 137 (1980); Sotelo v. State, 264 Ind. 298, 342 N.E.2d 844 In the case at bar, the trial court determined that Berry voluntarily a......
  • Request a trial to view additional results
7 cases
  • Judy v. State, No. 580S128
    • United States
    • January 30, 1981
    ...238, 89 S.Ct. 1709, 23 L.Ed.2d 274; Johnson v. Zerbst (1938) 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461. See Baker v. State (1980) Ind., 400 N.E.2d 137; Holleman v. State (1980) Ind., 400 N.E.2d 123; Tyson v. State (1979) Ind., 386 N.E.2d 1185; State v. Brown (1941) 219 Ind. 251, 37 N.E.2d ......
  • Fleener v. State, No. 1079S289
    • United States
    • November 26, 1980
    ...we find that there was substantial evidence of probative value to support the trial court's ruling. See Baker v. State, (1980) Ind., 400 N.E.2d 137, 138; Richardson v. State, (1978) 268 Ind. 61, 64, 373 N.E.2d 874, ISSUE II The defendant contends that his confession and other statements att......
  • Buck v. State, No. 582S190A
    • United States
    • Indiana Supreme Court of Indiana
    • September 28, 1983
    ...probative evidence to support the trial court's finding. Taylor v. State, (1980) Ind., 406 N.E.2d 247; Baker v. State, (1980) Ind., 400 N.E.2d 137. Furthermore, we stated in Phillips v. State, (1981) Ind., 425 N.E.2d 119, "When a defendant challenges the voluntariness of his confession by a......
  • Berry v. State, No. 49S00-9707-CR-411
    • United States
    • Indiana Supreme Court of Indiana
    • December 17, 1998
    ...re-weigh the evidence, but rather determine whether there is substantial evidence to support the trial court's findings. Baker v. State, 272 Ind. 554, 400 N.E.2d 137 (1980); Sotelo v. State, 264 Ind. 298, 342 N.E.2d 844 In the case at bar, the trial court determined that Berry voluntarily a......
  • Request a trial to view additional results

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