Holland v. State

• Decision Date: 12 October 1983
• Docket Number: No. 582S193,582S193
• Citation: 454 N.E.2d 409
• Parties: Fred HOLLAND, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 409

454 N.E.2d 409

Fred HOLLAND, Appellant, v. STATE of Indiana, Appellee.

No. 582S193.

Supreme Court of Indiana.

Oct. 12, 1983.

Gregory Nicosia, Griffith, for appellant.

Linley E. Pearson, Atty. Gen., Latriealle Wheat, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was convicted by a jury for murder and was sentenced to thirty-five (35) years of imprisonment.

The facts in the light most favorable to the verdict show the murder was the result of a four month competition for the affection of Elizabeth Green. Miss Green and the appellant had dated from 1977 to 1980. They had a child by that relationship but did not marry. In 1980, appellant went to California to seek employment in hopes of convincing Miss Green to come to California and marry him. In his absence, Miss Green began to date Arthur Williams. When appellant returned from California in January of 1981, he became aware of the change in the affections of Miss Green. Shortly after his return, appellant and Williams had a confrontation in the presence of Miss Green. Both men had weapons at that time but neither drew their weapon.

On April 4, 1981, appellant and Miss Green had an argument in a local liquor store. During the argument Green was struck on the head with a bottle. Later that day Gordon Green, Elizabeth's brother, sought out appellant and warned him to stay away from Elizabeth's home.

On April 7, 1981, Elizabeth, Gordon Green, another sister of Gordon and Elizabeth, and Arthur Williams were in the front yard of the Green home. Appellant and two of his friends arrived at the Green home for the purpose of picking up the child for an evening visit. Holland was told to leave and he did so, only to return, by himself, a few minutes later. Witnesses testified appellant had a handgun at this time. He walked toward Williams and fired five or six shots at Williams. Some of the shots were fired into the prone body of Williams as appellant stood over him.

Appellant testified in his own behalf. He stated the earlier meetings between himself, Gordon Green and Williams resulted in threats against appellant's life. He testified he returned to the Green home the second time only to get the child after the mother had been given a chance to gather the child's belongings. He stated when he exited the car he saw both Williams and Gordon Green armed. They started to shoot at him so he grabbed his gun and began to return the fire. He contends Arthur Williams was killed during the shoot-out.

Appellant suggests the facts presented support a finding by the jury of self-defense or in the alternative that the appellant acted in sudden heat. In Johnson v. State, (1980) Ind., 409 N.E.2d 621, we stated the rules for the issue of sufficiency of the evidence to negate a self-defense claim. We held the defendant must show 1) he was in a place he had a right to be, 2) he acted without fault and 3) he acted in reasonable fear or apprehension of death or great bodily harm. The defense need only raise the issue then the State must prove beyond a reasonable doubt the absence of one or more of the factors. Id. 622. As with other sufficiency questions, this Court will not reweigh the evidence and if substantial evidence of probative value exists to support the verdict it will not be overturned. Poindexter v. State, (1978) 268 Ind. 167, 374 N.E.2d 509. Although the jury is to look from the defendant's viewpoint when considering facts relevant to self-defense, the trier of fact is not required to believe the defendant's evidence. Harris v. State, (1978) 269 Ind. 672, 382 N.E.2d 913. This jury was free to believe whomever they pleased. We believe sufficient evidence existed to allow a jury to find beyond a reasonable doubt the appellant did not act without fault or with a reasonable fear of death or great bodily harm. We hold the evidence supports the verdict.

Appellant in the alternative suggests the jury should have found the mitigating factor of sudden heat present to reduce the crime from murder to voluntary manslaughter. He argues the State must negate the existence of sudden heat beyond a reasonable doubt. He offers no support for this position other than it would be logical to extend this principle from the self-defense justification to the sudden heat defense. In Wolfe v. State, (1981) Ind., 426 N.E.2d 647, we examined the operation of sudden heat as a mitigating factor. We noted sudden heat was not an element the State must prove to support a voluntary manslaughter conviction. We said if the defendant raises the issue and offers proof then the State must prove the absence of sudden heat beyond a reasonable doubt. We believe the law is as the appellant suggests it should be.

This defense is one that requires the jury to resolve facts and this jury was instructed on the operation of sudden heat. Substantial evidence, in the case at bar, existed to support the finding the defendant did not act in sudden heat.

Appellant's second and third arguments concern the court's failure to grant a mistrial. In Ramos v. State, (1982) Ind., 433 N.E.2d 757, we reaffirmed the granting of a mistrial lies within the sound discretion of the trial judge. His...