Beavers v. State

Decision Date24 September 1987
Docket NumberNo. 86S00-8608-PC-727,86S00-8608-PC-727
Citation512 N.E.2d 1106
PartiesRocky Dean BEAVERS, Appellant, v. STATE of Indiana, Appellee.
CourtIndiana Supreme Court

Susan K. Carpenter, Public Defender, Hope Fey, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Cheryl L. Greiner, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Justice.

This is an appeal from a denial of appellant's petition for post-conviction relief challenging his life sentence for first degree burglary and habitual offender status.

The facts are: On October 5, 1979, appellant was convicted of first degree burglary and subsequently found to be an habitual offender. That case was appealed to this Court. Beavers v. State (1984), Ind., 465 N.E.2d 1388. The burglary conviction was affirmed. However, the cause was remanded to the trial court for proper sentencing under the habitual offender statute. Pursuant to the Supreme Court mandate, the trial court re-sentenced appellant. That cause was appealed to this Court and recently affirmed. Beavers v. State (1987), Ind., 506 N.E.2d 1085.

The burglary, which led to this series of cases, occurred July 9, 1976. Two years later police arrested Robert Lee Stevens for the crime. He in turn implicated appellant, appellant's brother, who is now deceased, and appellant's nephew Charles "Eddie" Duh. Shortly after Stevens' arrest, Duh confessed that he also was involved in the burglary and was processed through juvenile court. Through a plea bargain, Stevens pled guilty to theft and was sentenced to two (2) years. He received shock probation after six months. Both Stevens and Duh testified at appellant's trial.

Appellant claims he was denied his fundamental confrontation right when the trial court disallowed cross-examination of witness Stevens concerning the probationary conditions stemming from his plea bargain. It is appellant's position that one of the conditions of Stevens probation was "that he cooperate with the State of Indiana in regard to any criminal matters and in particular that he cooperate with the State of Indiana in regard to one Rocky Dean Bever [sic]." (Appellant in this case.) The trial court ruled that appellant could not cross-examine Stevens concerning the conditions of his probation. The post-conviction relief court correctly held that this was a matter well-known to appellant at the time of his original conviction and that the matter could have been raised on appeal. It is therefore not available in a post-conviction petition. Dixon v. State (1984), Ind., 470 N.E.2d 728.

Appellant claims he was denied his fundamental confrontation right when the trial court curtailed cross-examination of witness Duh about his Missouri burglary conviction. This matter was known to appellant at the time of his conviction and in fact was presented to this Court in his original appeal. Beaver, supra. It is thus not available as a ground for post-conviction relief. Dixon, supra. Further, an issue which is raised and determined on...

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5 cases
  • Beavers v. State
    • United States
    • Indiana Supreme Court
    • February 12, 1991
    ...Beavers v. State (1987), Ind., 506 N.E.2d 1085, and which was even the subject of a prior post-conviction proceeding, Beavers v. State (1987), Ind., 512 N.E.2d 1106, was supported by sufficient evidence of the proper statutory sequence of prior convictions. Appellant has filed an applicatio......
  • French v. State
    • United States
    • Indiana Supreme Court
    • December 18, 1989
    ...judge noted, is res judicata in the case and thus not subject to consideration for post-conviction relief. Beavers v. State (1987), Ind., 512 N.E.2d 1106; Cambridge v. State (1984), Ind., 468 N.E.2d Appellant contends the trial court erred in denying his post-conviction relief when it was e......
  • Reynolds v. State
    • United States
    • Indiana Appellate Court
    • April 10, 1989
    ...have been raised by an appellant in a direct appeal may not be asserted later as grounds for post-conviction relief. Beavers v. State (1987), Ind., 512 N.E.2d 1106, 1108. Therefore, absent a demonstration of fundamental error, the issues presented by Reynolds are waived. Barker v. State (19......
  • Gould v. State
    • United States
    • Indiana Appellate Court
    • September 26, 1991
    ...process therefore contemplates a flexible approach to a petitioner's assertion of a right of confrontation. See Beavers v. State (1987), Ind., 512 N.E.2d 1106. (Petitioner had no right to cross-examine a witness at the post-conviction hearing on a matter which could have been raised on appe......
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