Crenshaw v. State, 1281S342

Docket NºNo. 1281S342
Citation439 N.E.2d 620
Case DateSeptember 14, 1982
CourtSupreme Court of Indiana

Page 620

439 N.E.2d 620
Rawleith CRENSHAW, Appellant,
STATE of Indiana, Appellee.
No. 1281S342.
Supreme Court of Indiana.
Sept. 14, 1982.

Page 621

Robert L. DeLoney, Gary, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was charged with Robbery. It was alleged an injury was inflicted on the victim during the course of the robbery. Appellant was charged in another information filed later with Attempted Murder. This charge grew out of the same incident. He was tried along with a co-defendant and was found guilty by a jury of both crimes. He was sentenced to concurrent terms of imprisonment of fifty (50) years for each conviction.

In the early morning hours of November 15, 1980, appellant and some companions went to the Galaxy Lounge in Gary, Indiana. After two of his companions left, appellant and two others remained until closing time. Appellant had entered another room of the lounge, and when an employee went into that room to prepare for closing,

Page 622

appellant emerged from a hiding place and without warning or provocation shot the employee in the chest. Appellant then emerged from this room and confronted a co-owner of the lounge, whom he shot three times. He then grabbed this co-owner by the collar and forced him over to the cash register which was opened for him. He took the cash inside. Shortly thereafter the co-owner, despite his wounds, managed to gain access to a carbine he had hidden on the premises. A gun battle between him and the robbers took place, resulting in appellant suffering a wound to the arm. Appellant and one of his companions, his co-defendant, were arrested the next day.

Appellant first claims the trial court erred in denying his Motion for Severance. This motion was filed and denied after appellant discovered the co-defendant intended to interpose an alibi defense for himself. Appellant also suspected if the co-defendant took the witness stand to substantiate the alibi defense with his own testimony, the State would use a prior statement of the co-defendant for impeachment purposes. The statement differed in some particulars that would make it inconsistent with the alibi story he intended to tell. Appellant claimed the statement contained damaging evidence against him. He concludes in light of the fact this is exactly what occurred, he was prejudiced by denial of the motion and should have been granted a separate trial.

The decision whether or not to grant a separate trial to co-defendants lies within the sound discretion of the trial court and will be reversed only for an abuse of that discretion. Chandler v. State, (1982) Ind., 419 N.E.2d 142; Gutierrez v. State, (1979) Ind., 386 N.E.2d 1207. Further, such abuse of discretion must be premised on what actually occurred at trial, not speculation on what might have occurred had the course of the testimony taken a different turn or on conclusions unsupported by evidence from the record. Id.

In recognition of the hazards of joint trials our legislature has provided for resolution of the problem in I.C. Sec. 35-3.1-1-11 [Burns 1979 Repl.], which reads in pertinent part as follows:

" * * *

"(b) Whenever two or more defendants have been joined for...

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17 cases
  • Averhart v. State
    • United States
    • Indiana Supreme Court of Indiana
    • 29 Octubre 1984
    ...held that even the mere fact that a co-defendant implicates another does not entitle the latter to a separate trial. In Crenshaw v. State, (1982) Ind., 439 N.E.2d 620, this Court held it was not error to refuse to sever trials when a co-defendant intended to take the stand and make statemen......
  • Kindred v. State, 285S67
    • United States
    • Indiana Supreme Court of Indiana
    • 8 Junio 1988
    ...or in such bad faith as to impair the right of fair trial. Wagner v. State (1985), Ind., 474 N.E.2d 476; Crenshaw v. State (1982), Ind., 439 N.E.2d 620. The trial court must be given wide discretionary latitude in discovery matters since it has the duty to promote the discovery of truth and......
  • Spranger v. State, 684S216
    • United States
    • Indiana Supreme Court of Indiana
    • 15 Octubre 1986
    ...or demonstrates such bad faith that exclusion of evidence is necessary to protect the defendant's fair trial rights. Crenshaw v. State (1982), Ind., 439 N.E.2d 620. However, the trial court would be granted discretion in determining whether there has been substantial compliance with discove......
  • Dudley v. State, 783S263
    • United States
    • Indiana Supreme Court of Indiana
    • 15 Julio 1985
    ...separate trials ordered. Separate trials are clearly not a matter of right, but are discretionary with the trial judge. Crenshaw v. State, (1982) Ind., 439 N.E.2d 620; Baysinger v. State, (1982) Ind., 436 N.E.2d 96. Once a decision is made regarding joinder or severance, the decision is rev......
  • Request a trial to view additional results

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