Engle v. State, No. 1282S501

• Docket Nº: No. 1282S501
• Citation: 467 N.E.2d 712
• Case Date: September 05, 1984
• Court: Supreme Court of Indiana

Page 712

467 N.E.2d 712 Steve E. ENGLE, Appellant,
v.
STATE of Indiana, Appellee. No. 1282S501. Supreme Court of Indiana. Sept. 5, 1984.

Page 714

Steve E. Engle, pro se.

Terry O'Maley, Public Defender, Richmond, for appellant.

Linley E. Pearson, Atty. Gen., G. Douglas Seidman, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

This is a direct appeal from a conviction of rape, a class B felony, Ind.Code Sec. 35-42-4-1(a). The case was tried before a jury. The appellant elected to represent himself. Appellant was sentenced for a period of ten years plus five years for aggravating circumstances. Appellant raises six issues on appeal: (1) whether the trial court erred in denying his request for direct access to legal materials; (2) whether the trial court erred in denying his request for pauper counsel to prosecute an appeal of the denial of direct access to legal materials; (3) whether the trial court erred in admitting the testimony of Kansas State Trooper Jim Schrag on the issue of flight to avoid prosecution; (4) whether the trial court erred in denying the request for the appointment of an investigator at public expense; (5) whether the trial court erred in denying his motion to certify the necessity of testimony of out-of-state witness Allen Fohl; and (6) whether the evidence adduced at trial was sufficient to support his conviction.

These are the facts that tend to support the determination of guilt. The victim, a sixteen-year-old girl, testified that on August 8, 1981, shortly after midnight, she was sitting on her front porch in Connersville when the appellant, Steve Engle, pulled up in front of her house in a tannish Camaro. She had met him two times previously and knew him to be Steve Engle. Appellant asked her if she wanted to smoke some marijuana and if she would get him a beer. She agreed and brought him the beer, and got into the car to smoke the marijuana. Appellant drove off, claiming he needed to buy gasoline. He told her that he would take her home after buying the gasoline.

Appellant drove around to various gasoline stations but could not find one open. He then proceeded to drive out into the country. The victim did not try to escape because she was close friends with appellant's sister, and therefore trusted that appellant would keep his word to take her home. Appellant stopped at the uninhabited house of his uncle. Appellant parked the car on the grass in the back of the house. Appellant claimed there was something wrong with the car, he checked under the hood and then returned to the car.

After returning to the car he began to kiss and touch her, and then pulled her to the back seat. She resisted, yelling and crying as he pulled her overalls off. He slapped her and told her to shut up. He told her to get his penis hard, having already pulled his pants down to his knees. She told him to leave her alone. He held her down and had sexual intercourse with her.

After stating that he "must be going crazy", he took her home. When she came into the house she was crying. Her brother asked her what was wrong. She told him about the incident and he immediately informed their mother. Her mother took her to the police station where she reported the incident.

I.

Appellant argues that the trial court erred in denying his request for direct access to legal materials. Appellant filed a petition for a writ of habeas corpus on December 4, 1981. The trial court examined the petition and determined that it was in fact a petition seeking access to legal authorities. On December 28, 1981, a hearing was held upon the petition, and the matter was taken under advisement. On January 7, 1982, the trial court denied the petition upon the grounds that the appellant had stand-by counsel available to him, that the appellant by electing self-representation had imposed restrictions upon his access to legal materials, and therefore the Sheriff of Wayne County was not required to furnish appellant with legal materials.

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Appellant contends that the trial court's decision undermined his right of access to the court and to self-representation.

Here, appellant chose to represent himself pro se, and as a result, the trial court appointed stand-by counsel to advise him in legal matters. Appellant had access to legal materials and legal advice through his stand-by counsel. Appellant claims that this appointment of stand-by counsel undermines his right to self-representation. We do not agree. Appellant was in charge of his case at trial. He had the option of requesting research material and the option of asking questions from his stand-by counsel. This arrangement did not undermine his right to self-representation, it merely provided him with the opportunity to improve the quality of his self-representation if he chose to do so.

The fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with law libraries or adequate assistance from persons trained in the law. Bounds v. Smith, (1977) 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72. Appellant's right of access to the court was not undermined. He had access to legal materials and...