Collier v. State, 49S00-8910-CR-785
| Decision Date | 14 November 1990 |
| Docket Number | No. 49S00-8910-CR-785,49S00-8910-CR-785 |
| Citation | 562 N.E.2d 722 |
| Parties | Ernest C. COLLIER, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
William L. Soards, Soards & Fruechtenicht, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Mary Dreyer, Deputy Atty. Gen., Indianapolis, for appellee.
A jury trial resulted in the conviction of appellant of Murder, for which he received a sentence of sixty (60) years, Criminal Recklessness, a Class D felony, for which he received a sentence of four (4) years, and Carrying a Handgun Without a License, a Class A misdemeanor, for which he received a sentence of one (1) year, all sentences to run consecutively.
The facts are: On September 12, 1988, the victim, Frederic J. McGuire, Jr., sustained a mortal gunshot wound outside his home in Indianapolis. He was taken to Community Hospital where he died September 15, 1988. A witness, Michael Johnson, testified he saw a brown two-door automobile stop in front of the McGuire residence shortly before the shooting and that a man got out of the car, walked to the residence, and talked to the victim. Johnson then heard a shot and saw the man who had been talking to the victim running to the car holding a pistol in his hand. The car left and went south on Catherwood with the witness in pursuit. He chased the vehicle, obtained the first number of the license plate but then lost track of the car. He returned to the scene of the shooting where he found Frederic McGuire, Jr., lying on the porch of his home bleeding from a wound in his forehead.
Subsequent investigation led police officers to the home of appellant where they talked with appellant's mother. She stated that he had told her he got into some trouble but did not elaborate. Police learned that she was the owner of a brown, two-door 1976 Pontiac Grand Prix and that its license number had the same first number as reported by Johnson.
At approximately 6:30 p.m. on the day of the shooting, police officers observed a brown Pontiac Grand Prix. They stopped the vehicle, which was driven by Monica Baker. Her passenger was appellant. Appellant was arrested but denied any involvement in the shooting.
James Merrill testified that he and appellant were riding around together in the brown Pontiac Grand Prix on the evening of the shooting. He said they obtained some beer and cognac and both became intoxicated. He stated that they drove to Church's Chicken located at 3850 East 38th Street, where appellant had a confrontation with his girlfriend, Carla George. (Other evidence shows that Carla George had lived with appellant for a period of time and that they were the parents of an infant daughter, Latanja George.) The two men then drove to the home of Carla George's family, located at 4053 North Webster. Her 19-year-old brother, John Hollins, Jr., was in the yard playing with Carla George's infant daughter.
Appellant got out of the car, pointed a gun at Hollins, and told him to put the baby down because he was going to kill him. At that moment, Hollins' father came to the front porch and told appellant he was not the only one with a gun, at which point appellant left in the automobile. The two men then changed positions with Merrill driving the car.
Appellant instructed him where to drive. They drove to the home of the victim at 4212 Catherwood where appellant exited the car and directed Merrill to drive up the street, turn the car around, and come back for him. While Merrill was turning the car around, he heard a shot. As he pulled up in front of the McGuire home, appellant "trotted" to the car with a gun in his hand and stated, "That's the way I like to play." The two men then left the scene.
Other testimony was to the effect that the victim worked at the Church's Chicken where Carla George worked and that he knew John Hollins, Jr. However, there was no evidence that he had been involved in any disagreement between appellant and John Hollins, Jr.
Appellant claims there is insufficient evidence to support the verdict; therefore, the verdict is contrary to law. Appellant claims there is a lack of evidence that he committed the crime of murder. Appellant contends there is no eyewitness who saw him actually shoot the victim and no evidence that the shooting was knowingly and intentionally committed. He concedes the testimony of James Merrill but points out that Merrill had been...
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Collier v. Davis
...to support the verdict and that the verdict was contrary to law. The Indiana Supreme Court affirmed the convictions. Collier v. State, 562 N.E.2d 722 (Ind.1990). Six years later, Collier claimed that he discovered that a week after the McGuire shooting, Merrill had pled guilty to a lesser c......
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Collier v. State, 49A04-9808-PC-410.
...as a class D felony,2 and Carrying a Handgun Without a License, as a class A misdemeanor3 were affirmed on direct appeal. Collier v. State, 562 N.E.2d 722 (Ind. 1990). As restated, Collier presents three issues on appeal, all based upon allegations that he did not receive the effective assi......
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Tidwell v. State
...State (1992), Ind., 589 N.E.2d 241. We simply cannot usurp the prerogative of the jury and reweigh conflicting evidence. Collier v. State (1990), Ind., 562 N.E.2d 722. The discrepancies cited by appellant to support his argument, such as those quoted above, affect only the weight of the evi......
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Hubbard v. State
...was the only person in the room with the victim and there was evidence that the victim died from blows to the head); Collier v. State, 562 N.E.2d 722, 724 (Ind.1990) (upholding a conviction where defendant was seen at the scene of the crime with a gun, and witnesses heard gunshots.) Finally......