Evans v. State

• Decision Date: 04 May 2000
• Docket Number: No. 45S00-9809-CR-00508.,45S00-9809-CR-00508.
• Citation: 727 N.E.2d 1072
• Parties: Dayton Duane EVANS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).
• Court: Indiana Supreme Court

727 N.E.2d 1072

Dayton Duane EVANS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

No. 45S00-9809-CR-00508.

Supreme Court of Indiana.

May 4, 2000.

Mark A. Bates, Appellate Public Defender, Lake Superior Court, Crown Point, IN, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee. SULLIVAN, Justice.

Defendant Dayton Duane Evans was convicted of attempted murder and murder after attacking his ex-girlfriend and killing her new boyfriend. He appeals claiming the State failed to disprove that he killed in "sudden heat," and there was insufficient evidence to support his attempted murder conviction. He also challenges several rulings by the trial court and the severity of his sentence. Finding the evidence sufficient to support his convictions, the trial court's rulings otherwise proper, and the sentence within the trial court's discretion, we affirm.

We have jurisdiction over this direct appeal because the longest single sentence exceeds 50 years. Ind. Const. art. VII, § 4; Ind. Appellate Rule 4(A)(7).

Background

The facts most favorable to the verdict reveal that on June 24, 1995, Marianne Allen and her new boyfriend, James Harris, were lying together in bed in Marianne's home. They awoke to find Marianne's ex-boyfriend, Defendant Dayton Duane Evans,¹ standing over them with a knife in each hand, asking, "Is that the reason you won't take me back?" When Defendant moved towards Marianne with a stabbing motion, Harris reacted by throwing a comforter over her. A melee then ensued between Defendant and Harris, eventually spilling out of the bedroom, into the hallway, and ending downstairs with Defendant inflicting multiple stab wounds on Harris, ultimately killing him. On July 15, 1998, a jury found Defendant guilty of Murder,² and attempted Murder,³ a Class A felony. The trial court imposed a 60-year sentence for murder and a 40-year sentence for attempted murder, with each sentence to run concurrently.

We will recite additional facts as needed.

I

Defendant first contends that the State failed in its burden of negating beyond a reasonable doubt his claim that he was acting under sudden heat when he killed Harris, thereby entitling him to a reversal of his murder conviction.

Voluntary manslaughter is a lesser included offense of murder, distinguishable by the factor of a defendant having killed, while acting under sudden heat. Ind.Code § 35-42-1-3 (1993). To establish sudden heat, the defendant must show "sufficient provocation to engender... passion." Johnson v. State, 518 N.E.2d 1073, 1077 (Ind.1988). Sufficient provocation is demonstrated by "such emotions as anger, rage, sudden resentment, or terror [that are] sufficient to obscure the reason of an ordinary person, prevent deliberation and premeditation, and render the defendant incapable of cool reflection." Id.

To obtain a conviction for murder, the State is not required to negate the presence of sudden heat because "[t]here is no implied element of the absence of sudden heat in the crime of murder." Earl v. State, 715 N.E.2d 1265, 1267 (Ind. 1999). However, once a defendant places sudden heat into issue, the State then bears the burden of negating the presence of sudden heat beyond a reasonable doubt. McBroom v. State, 530 N.E.2d 725, 728 (Ind.1988). It may meet this burden by rebutting the defendant's evidence or affirmatively showing in its case-in-chief that the defendant was not acting in sudden heat when the killing occurred. See Earl, 715 N.E.2d at 1267-68; Gregory v. State, 540 N.E.2d 585, 593 (Ind.1989).

Defendant claims that "a sudden rage came over him" in that he "snapped after witnessing Marianne and Harris having sexual intercourse." He alleges that his actions were the result of him "experiencing the whole relationship, anger, the whole five years, everything." Given Defendant's recent prior live-in relationship with Marianne and the fact that he fathered one of her children, we agree that this evidence adequately introduced the element of sudden heat. However, we find that the totality of the evidence presented in this case is sufficient to support the court's conclusion that Defendant did not act in sudden heat.

The State directs us to Defendant's own testimony where he detailed the events that took place on the night of the murder: After ascending the stairs and realizing that Marianne was with someone in the upstairs bedroom, Defendant went downstairs to arm himself with knives. He then cut the telephone lines before going back upstairs, standing outside the bedroom for a "minute, minute and a half." ⁴ Next, he entered the bedroom and engaged Marianne and Harris in a short conversation before the melee ensued. The two men soon spilled out in the hallway with Defendant "jump[ing] over the railing of the staircase ... [and] over the couch" to pursue Harris as he attempted to "get out" of the house, ultimately stopping Harris for the fatal fight at the front door. We find the evidence sufficient to conclude that the State negated Defendant's claim of "sudden heat" beyond a reasonable doubt. There is ample evidence to show that Defendant acted with the premeditation and deliberation sufficient to support the jury's verdict of murder, rather than voluntary manslaughter. See, e.g., Ellis v. State, 508 N.E.2d 790, 791 (Ind. 1987) (affirming a jury verdict rejecting a claim of sudden heat where the victim "stopped fighting and attempted to flee" the fight scene).

II

Defendant next contends that the evidence adduced at trial was insufficient to establish that he took a substantial step towards killing Marianne, thereby entitling him to a reversal of his attempted murder conviction. Specifically, he claims that since a comforter covered Marianne's face, she could not testify as to how close the knife came to her. Appellant's Br. at 10.

In reviewing sufficiency claims, we neither reweigh the evidence nor judge the credibility of the witnesses. We only consider the evidence favorable to the jury's verdict, together with all reasonable inferences to be drawn therefrom. Allen v. State, 575 N.E.2d 615, 616 (Ind.1991). If there is substantial evidence of probative value to support the conclusion of the jury, we will affirm the judgment. Blanche v. State, 690 N.E.2d 709, 712 (Ind. 1998).

To convict a defendant of attempted murder, the State must prove beyond a reasonable doubt that the defendant possessed the intent to kill while taking a substantial step toward the crime of murder. Ind.Code §§ 35-41-5-1(a) and 35-42-1-1 (1993); Greenlee v. State, 655 N.E.2d 488, 492 (Ind.1995). " `Intent may be inferred from the use of a deadly weapon in a manner likely to cause death or great bodily harm.'" Mitchem v. State, 685 N.E.2d 671, 676 (Ind.1997) (quoting Johnson v. State, 455 N.E.2d 932, 936 (Ind. 1983)).

At trial, Marianne testified that she woke up and saw Defendant "standing over [her], maybe two feet away ... with [a] knife in each hand." She then testified that both she and Harris jumped back against the bedroom wall. At that point, Defendant asked Marianne if the man in bed with her was "the reason [why she] wouldn't take him back." Apparently not satisfied with her "no" answer, Defendant then announced, "[W]ell, we're all going to die tonight." And according to Marianne, "That's when [Defendant] went to stab me," so that Harris "grabbed [the] comforter that was on [the] bed and threw it over" her in an effort to frustrate Defendant's attack.

We find there was sufficient evidence from which a jury could reasonably have inferred that Defendant acted with the requisite intent to kill Marianne with the knife and that his actions in the bedroom constituted a substantial step towards the crime of killing her.

III

A

Defendant next contends that the trial court committed reversible error in admitting testimony of a prior bad act by Defendant in violation of Indiana Evidence Rules 404(b) and 403. Prior to trial, Defendant sought and was granted a motion in limine barring the State from introducing evidence that Defendant had choked Marianne two days prior to Harris's murder.

During the course of Marianne's cross-examination, defense counsel attempted to elicit her testimony that Harris was a "dangerous person," who was the initial aggressor in the fatal encounter with Defendant. (R. at 147; "So, it's just as possible that James Harris struck out at [Defendant] as vis[a] versa, is it not?").

Before beginning her redirect of Marianne, the deputy prosecutor approached the bench with defense counsel and announced at sidebar that the "choking incident that happened on the 22nd I think is now fair game." Her basis for this statement was that "[D]efendant is now alleging self-defense, although it was not listed as a defense." The deputy prosecutor pointed out that the evidence had "entered the specter that somehow James Harris was the aggressor and ... a dangerous person."

Defense counsel objected to this rationale, claiming, "There's no evidence to show that [Defendant] had any kind of disagreement with James Harris prior to this." Nevertheless, defense counsel did confirm to the trial court that he was "going to raise self-defense" in presenting the remainder of his case.

B

The State's position is that the evidence of uncharged misconduct was properly admitted under the "intent" exception to Indiana Evidence Rule 404(b) which provides that "[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." Id. (emphasis added).

When the State attempts to introduce evidence of a defendant's uncharged misconduct, the trial court must perform a two-part inquiry:...