English v. State
Decision Date | 21 November 1985 |
Docket Number | No. 1185,1185 |
Parties | Charles ENGLISH, Jr., Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). S 474. |
Court | Indiana Supreme Court |
This cause comes to us on a petition to transfer from the Fourth District Court of Appeals brought by Appellee-Petitioner, State of Indiana. Appellant-Respondent Charles English, Jr. was found guilty of Robbery, a Class B felony. The Court of Appeals reversed the trial court and held that error had been committed by failing to grant a mistrial after a State's witness made reference to a prior offense committed by English, in violation of the court's order not to do so. English v. State, (1985), Ind.App., 481 N.E.2d 413 (Judge Conover dissenting). We disagree with the holding of the Court of Appeals and therefore grant transfer, vacating the opinion of the Court of Appeals and affirming the trial court.
Officer Smith and Officer Delaney were riding together when dispatched to the robbery at the Citgo Gas Station. The officers worked the crime scene in tandem, with Smith handling the preliminary investigation. Smith obtained a description of the robber through eyewitness Reagan and a general description of what had transpired. Reagan stated he knew the robber although he could not immediately remember his name. While Smith was outside checking the area more extensively, Officer Delaney stayed with Reagan who called a friend who knew the name of the robber.
Before the State presented its case, the trial judge granted English's motion for an order in limine, prohibiting the State's witnesses from commenting upon any prior offenses committed by English. The State's evidence began with the testimony of investigating Officer Smith. Excluding objections and comments by the attorneys, as Officer Smith's testimony is not the basis for this appeal, Officer Smith testified as follows:
The State next called Officer Delaney, the other investigator of the crime. He testified as follows:
Appellant raised the sole issue on appeal that the prosecutor intentionally elicited Officer Delaney's response regarding Appellant's past criminal behavior, and that such evidence was so highly prejudicial it warranted a mistrial. Essentially, he asserts that the prosecutor used the impermissible evidentiary tactic commonly referred to as an evidentiary harpoon. In considering allegations of the use of an evidentiary harpoon, we analyze whether the evidence was intentionally interjected despite its known inadmissibility, whether there was a serious conflict in the evidence, the degree to which the defendant was implicated by the evidence under scrutiny, and the trial court's admonishment to the jury. Davis v. State (1981), 275 Ind. 509, 418 N.E.2d 203, 205. However, in the case at bar the evidence did not clearly indicate the prosecutor intentionally elicited inadmissible information from witness Delaney. Moreover, there was such overwhelming evidence of Appellant's guilt that the prejudicial impact of Delaney's statement was adequately cured by the trial court's admonishment to the jury.
The evidence supporting the claim that the prosecutor purposefully elicited the inadmissible statement of Delaney, is highly controverted. A trial court exercises its discretion in determining whether to grant a motion for a mistrial when improper evidence of past crimes is admitted. Coble v. State (1985), Ind., 476 N.E.2d 102, 105; Wagner v. State (1985), Ind., 474 N.E.2d 476, 489. This Court will reverse the trial court only for an abuse of discretion when defendant claims a mistrial was improperly denied. Johnson v. State (1982), Ind., 432 N.E.2d 1358. Witness Delaney obviously was called to testify for reasons other than to give inadmissible testimony. He was one of the investigators of the crime and testified Reagan stated he knew the man who had robbed him. Delaney, having arrived on the scene shortly after the crime, corroborated Officer Smith's testimony. He further testified as to the graphic...
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