Conley v. State

• Decision Date: 22 October 2012
• Docket Number: No. 58S00–1011–CR–634.,58S00–1011–CR–634.
• Citation: 972 N.E.2d 864
• Parties: Andrew CONLEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).
• Court: Indiana Supreme Court

972 N.E.2d 864

Andrew CONLEY, Appellant (Defendant below),

v.STATE of Indiana, Appellee (Plaintiff below).

No. 58S00–1011–CR–634.

Supreme Court of Indiana.

July 31, 2012.

Rehearing Denied Oct. 22, 2012.

Leanna Weissmann, Lawrenceburg, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Henry A. Flores, Jr., Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

DAVID, Justice.

This case involves a seventeen-and-a-half-year-old who murdered his ten-year-old brother.Andrew Conley confessed to the crime and pleaded guilty to murdering his brother, Conner, while Conley was babysitting Conner.Following five days of sentencing testimony, including the testimony of twelve witnesses and one-hundred-and-fifty-five exhibits, the trial court judge sentenced Conley to life without parole.We hold that based on the age of Conley, the age of Conner, and the particularly heinous nature of the crime, a sentence of life without parole was appropriate.We hold that on the facts of this case, the sentence of life without parole is constitutional.

Facts and Procedural History

The undisputed facts are as follows.On Saturday, November 28, 2009, Conley was seventeen-and-a-half-year-old when he murdered his ten-year-old brother, Conner.The murder took place between 8:30 p.m. and 10:00 p.m.His mother and adoptive father were at work that evening until the early morning hours.As was not uncommon, Conley was responsible for watching Conner that evening.Conley's mother told him he would have to find a babysitter for Conner if he wished to go out with his friends.

Conley wanted to go out that evening, so Conley drove Conner to their grandmother's house in Rising Sun, Indiana, but she was not home.He next asked his uncle to watch Conner but was told no.After they returned home, Conley and Conner began wrestling.

At some point, Conley got behind his brother and choked him in a headlock with his arm until Conner passed out.Conner was bleeding from the nose and mouth.Conner was still breathing.Conley drug Conner into the kitchen, retrieved a pair of gloves, and continued to choke Conner from the front, around his throat.Conley choked Conner for approximately twenty minutes total.

Conley next got a plastic bag from a drawer in the kitchen and placed it over Conner's head.Conley used black electrical tape to secure the bag by wrapping the tape around Conner's head.Conner was still alive.In fact, Conner's last words were “Andrew stop.”

Conley then drug Conner's body to the steps that lead to the basement, drug him down the steps by his feet, across the floor, and outside the home.Conley slammed Conner's head on the concrete multiple times to ensure Conner was dead and then placed his body in the trunk of his car.Conley cleaned himself up and put on new clothes.He put the bloody clothes in his closet and hid the bloody gloves in a chair.

Conley next drove to his girlfriend's house.While there they watched a movie, and he gave her a “promise ring.”Conley's girlfriend testified at the sentencing hearing that Conley was “[h]appier than I'd seen him in a long time.”Conley spent two hours at his girlfriend's house, while Conner's body remained in the trunk of the car.After leaving his girlfriend's house, Conley drove to an area behind the Rising Sun Middle School.Conley decided to drag Conner's body into the woods and covered the body with sticks and vegetation.

Conley returned home during the early morning hours on Sunday the 29th when no one was home.He cleaned up the blood in the house.When his father returned home around 2:30 a.m., Conley was acting normal.Conley said that Conner was at his grandmother's house and Conley also asked his father for some condoms.

Conley's mother arrived home around 5:45 a.m., and Conley and his mother had popcorn, watched a movie together, and cracked jokes back and forth.His mother fell asleep.On two occasions that early morning, Conley went into his father's bedroom and stood over him with a knife.Conley said he had the intent to kill his father, but he decided not to.

Later that same Sunday, Conley watched football with his father.Following football, Conley left home and drove to the park in Rising Sun where Conner's body had been discarded, but he never went to the actual location.Instead, Conley spoke to two friends and told him that he had killed Conner.Thereafter, around 8:00 p.m., Conley drove his car to the Rising Sun Police Department and voluntarily reported he“accidentally killed his brother” or that he“believed”he had killed his brother.

The police contacted Conley's parents, and after consulting with his parents and waiving his right to counsel, Conley confessed to intentionally killing his ten-year-old brother.Conley was charged with murder and ultimately pleaded guilty, without a plea agreement.The penalty phase of the trial was conducted from September 15 to 21.Following the sentencing hearing, the trial court sentenced Conley to life imprisonment without the possibility of parole.

We are confronted with four issues raised by Conley.The first issue is whether the trial court erred in allowing the testimony of Dr. James Daum.Dr. Daum's testimony did not provide an opinion that Conley had any psychopathy, but instead his testimony suggested Conley had traits of a person with such a diagnosis.The second issue is whether the trial court properly weighed the aggravating and mitigating factors in this case.The third issue raised on appeal is whether Conley's sentence was appropriate under Indiana AppellateRule 7(B).Finally, we address an issue that was first raised at oral argument,¹ in which we had the parties amend their briefs to address whether the imposition of a life-without-parole sentence on a person under the age of eighteen who has been convicted of murder violated either the United States or Indiana Constitution.

I.Testimony of Dr. James Daum

A sentence of life without parole (LWOP) is subject to the same statutory standards and requirements as the death penalty.Krempetz v. State,872 N.E.2d 605, 613(Ind.2007).Before a life-without-parole sentence can be imposed, the State is required to prove beyond a reasonable doubt at least one aggravating circumstance.Ind.Code § 35–50–2–9(2008).The trial court must determine if the State has proven the existence of an alleged aggravator beyond a reasonable doubt, but also that the mitigating circumstances are outweighed by the aggravating circumstances.Id.§ 35–50–2–9(1).The penalty phase of an LWOP trial requires introduction of evidence with the burden on the State to prove its case beyond a reasonable doubt.Dumas v. State,803 N.E.2d 1113, 1121(Ind.2004).The admission or exclusion of evidence rests within the sound discretion of the trial court, and we review for an abuse of discretion.Goodner v. State,685 N.E.2d 1058, 1060(Ind.1997).An abuse of discretion occurs when the trial court's decision is clearly against the logic and effect of the facts and circumstances before it.Smith v. State,754 N.E.2d 502, 504(Ind.2001).The trial court's decision will not be disturbed absent a requisite showing of abuse.Goodner,685 N.E.2d at 1060.

In the defendant's presentation to the court, Dr. Connor testified that he diagnosed Conley as having schizoaffective disorder, the bipolar type, and a sleep disorder.Dr. James Daum was called by the State in rebuttal during the penalty phase of the trial to rebut the testimony of defendant's expert, Dr. Connor, that Conley did not “fit the psychotic personality.”In preparation for his testimony, Dr. Daum reviewed statements by Conley, Conley's parents, Conley's girlfriend, and police reports.Dr. Daum also reviewed cell phone records, all of the statements Conley made to the police, and reports submitted by the three psychologists who evaluated Conley, two of which were appointed by the court, and one retained by the defendant.Dr. Daum testified Conley had evidence of psychopathy.The trial court ruled Dr. Daum was not able to testify as to his opinion whether Conley was a psychopathic personality.The specific line of questioning is as follows:

QUESTION: And are psychopathic personalities difficult to rehabilitate?

WATSON: Objection.Objection, Your Honor.I believe it's improper for any of these folks to render opinion on rehabilitation.That's unnecessary speculation, Your Honor, that my client (indiscernible)

COURT: Okay.That objection is sustained.And I will also note-I do not believe that this witness has rendered an opinion of psychopathy.I believe this witness has only testified regarding characteristic thus far.Okay?Objection is sustained.

Furthermore, the trial court would later explain in announcing his sentence,

Examinations were conducted by Court appointed experts, Dr. Don Olive and Dr. George Parker, following Defendant[']s filing of an insanity plea.Defendant was also examined by Dr. Edward Conner, defense expert and State's expert, Dr. James Daum did not examine the Defendant but reviewed other records and reports.Dr. Olive concluded that Defendant was suffering from a major depressive order of at least moderate severity; personality disorder, either antisocial personality or borderline personality disorder.Dr. Connor's diagnosis is that Defendant is suffering from schizoaffective disorder—bipolar type.Dr. Parker diagnosed Defendant with depression with psychotic features.Dr. Daum indicated that Defendant exhibited some characteristics of a psychopath.Dr. Daum, however, was not able to render a specific diagnosis because he did not personally examine the Defendant.All experts agree that Defendant, Andrew Conley, understood the wrongfulness of his actions and is criminally responsible.As to Conley's mental state at the time of the offense, Dr. Connor stated “his executive functioning was not suspended and he was able to make rational decisions.”

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