Holleman v. State, No. 977S664

Docket NºNo. 977S664
Citation272 Ind. 534, 400 N.E.2d 123
Case DateFebruary 05, 1980
CourtSupreme Court of Indiana

Page 123

400 N.E.2d 123
272 Ind. 534
Robert Lee HOLLEMAN, Appellant,
v.
STATE of Indiana, Appellee.
No. 977S664.
Supreme Court of Indiana.
Feb. 5, 1980.

[272 Ind. 535]

Page 124

Dennis R. Kramer, Crown Point, for appellant.

Theodore L. Sendak, Atty. Gen., William E. Daily, Asst. Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-appellant Robert Lee Holleman was charged in a two-count indictment in Lake Superior Court with first degree murder and murder during the perpetration of a robbery, Ind.Code § 35-13-4-1 (Burns 1975). He was tried to a jury, and was acquitted of first degree murder and convicted of the felony murder charge. The trial court sentenced appellant to life imprisonment. Appellant Holleman raises four issues for our consideration, each relating to the admission into evidence of two confessions: (1) whether the confessions were the product of an illegal arrest; (2) whether the confessions were tainted by a prior inadmissible confession; (3) whether appellant was denied the right to consult with an attorney; and (4) whether the confessions were the product of an illegal detention.

The facts most favorable to the State are as follows. On October 3, 1976, appellant Holleman went to the apartment of Scott Moore and Robin Opfer in Chicago. Appellant lived with Moore and Opfer in this apartment, and he spent that night there. The next morning, at approximately 9:00 a. m., Frank Love, Bobby Williams and Mike Cheatem came to the apartment. They came pursuant to a prearranged plan made with appellant to rob Scott Moore. The ostensible purpose of their coming to the apartment was the purchase of a quantity of heroin from Moore. Robin Opfer, the victim in the case before us, was not present at the time of their arrival.

Upon being admitted into the apartment, Frank Love produced a .22 caliber long-barrel pistol and announced the robbery. When Moore reached for his own gun, which was hidden under a pillow, Frank Love shot him twice in the back, wounding him fatally. When Robin Opfer returned to the apartment a short time later, appellant and his companions tied and gagged her and placed her on a mattress on the floor. The four men then sat in the apartment and talked and "shot up" some heroin. At approximately 2:00 p. m. that afternoon, Frank Love shot Robin Opfer one time in the back. This injury, however, did not prove [272 Ind. 536] to be fatal. Later that evening, when the victim complained of pain, appellant gave her an injection of heroin. Appellant and his cohorts stayed overnight in the apartment.

The next day, October 5, the four men remained at the apartment, contemplating their next move. Appellant again gave the victim an injection of heroin. For some unknown reason, Frank Love went into the room where Robin Opfer was being held and fired a second shot at her. However, it is unclear whether the bullet struck her. At approximately 6:00 p. m., the four men decided to leave the apartment. They obtained the keys to Moore's car, and, taking Robin Opfer with them, drove to Indiana via the Indiana Toll Road. Robin Opfer was still alive at this time. Once inside Indiana's borders, appellant and his cohorts exited from the Toll Road several times and apparently contemplated releasing Robin Opfer. The last time the group stopped, they pulled on to 108th Street near Indianapolis Boulevard in Hammond and let the victim out of the car. As she began to walk away, Frank Love approached her from behind

Page 125

and shot her six or seven times. The results of an autopsy indicated that the victim had eight bullet wounds in her body, and that the cause of death was a gunshot wound to the thorax and a laceration of the lungs, which resulted in extensive bleeding.

The four men then went back to Scott Moore's apartment in Chicago and attempted to wipe their fingerprints off the furniture. Love, Williams and Cheatem then left the apartment. Appellant took Scott Moore's wallet and identification cards and drove Moore's car to South Bend. There he registered at the Abney Inn and contacted his brother in an attempt to fence Moore's car.

I.

Appellant was arrested in South Bend on October 17, 1976, pursuant to a warrant charging him with an unrelated crime. Appellant does not challenge the validity of that arrest. He was detained in the St. Joseph County Jail on this and another unrelated federal charge. Appellant gave four confessions concerning the crime in question in this case. The second and third confessions were offered and admitted into evidence at trial. The first statement was given on October 18. The arrest warrant for this crime was served on appellant at the jail on October 21. Appellant asserts that the facts providing the probable cause for this arrest[272 Ind. 537] came from statements appellant made in this first confession. However, the trial court later determined, after a hearing on appellant's motion to suppress, that this statement was not admissible at trial. Appellant now contends that this finding rendered the arrest warrant invalid as not having been based on probable cause. Therefore, this argument runs, the subsequent confessions were tainted by an illegal arrest and were inadmissible under Brown v. Illinois, (1975) 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416, and Williams v. State, (1976) 264 Ind. 664, 348 N.E.2d 623.

Appellant seeks to rely on the contents on the probable cause affidavit, which he has neglected to make a part of the record. Ordinarily, this would constitute a waiver of the issue. However, since appellant did include what appears to be a true copy of the affidavit in the appendix to his brief, we will proceed to consider the issue on the merits.

We conclude that there was sufficient probable cause to support the arrest, even without appellant's October 18 statement. In the probable cause...

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23 practice notes
  • Judy v. State, No. 580S128
    • United States
    • January 30, 1981
    ...Zerbst (1938) 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461. See Baker v. State (1980) Ind., 400 N.E.2d 137; Holleman v. State (1980) Ind., 400 N.E.2d 123; Tyson v. State (1979) Ind., 386 N.E.2d 1185; State v. Brown (1941) 219 Ind. 251, 37 N.E.2d 73. Gilmore v. Utah, supra, presented substanti......
  • Cobb v. State, No. 778S142
    • United States
    • Indiana Supreme Court of Indiana
    • November 7, 1980
    ...have found that the statements were made after a knowing, intelligent and voluntary waiver. See generally Holleman v. State, (1980) Ind., 400 N.E.2d 123, 127; Tyson v. State, (1979) Ind., 386 N.E.2d 1185, 1188-89. At that point, the issue of appellant's condition, due to the ingestion of dr......
  • US ex rel. Holleman v. Duckworth, No. 82 C 5666.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • July 31, 1984
    ...any relevant time. 6 Holleman's convictions were affirmed in United States v. Holleman, 575 F.2d 139 (7th Cir. 1978); Holleman v. State, 272 Ind. 534, 400 N.E.2d 123 (1980); and People v. Holleman, 82 Ill.App.3d 409, 37 Ill.Dec. 782, 402 N.E.2d 784 (1st Dist.1980). He properly has made sepa......
  • Holleman v. Cotton, No. 00-3791.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 19, 2002
    ...Love, even the Indiana Supreme Court's opinion affirming Holleman's conviction identifies Love as the shooter. Holleman v. Indiana, 272 Ind. 534, 400 N.E.2d 123, 124-25 (1980); see 28 U.S.C. § 2254(e)(1) ("a determination of a factual issue made by a State court shall be presumed to be......
  • Request a trial to view additional results
23 cases
  • Judy v. State, No. 580S128
    • United States
    • January 30, 1981
    ...Zerbst (1938) 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461. See Baker v. State (1980) Ind., 400 N.E.2d 137; Holleman v. State (1980) Ind., 400 N.E.2d 123; Tyson v. State (1979) Ind., 386 N.E.2d 1185; State v. Brown (1941) 219 Ind. 251, 37 N.E.2d 73. Gilmore v. Utah, supra, presented substanti......
  • Cobb v. State, No. 778S142
    • United States
    • Indiana Supreme Court of Indiana
    • November 7, 1980
    ...have found that the statements were made after a knowing, intelligent and voluntary waiver. See generally Holleman v. State, (1980) Ind., 400 N.E.2d 123, 127; Tyson v. State, (1979) Ind., 386 N.E.2d 1185, 1188-89. At that point, the issue of appellant's condition, due to the ingestion of dr......
  • US ex rel. Holleman v. Duckworth, No. 82 C 5666.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • July 31, 1984
    ...any relevant time. 6 Holleman's convictions were affirmed in United States v. Holleman, 575 F.2d 139 (7th Cir. 1978); Holleman v. State, 272 Ind. 534, 400 N.E.2d 123 (1980); and People v. Holleman, 82 Ill.App.3d 409, 37 Ill.Dec. 782, 402 N.E.2d 784 (1st Dist.1980). He properly has made sepa......
  • Holleman v. Cotton, No. 00-3791.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • August 19, 2002
    ...Love, even the Indiana Supreme Court's opinion affirming Holleman's conviction identifies Love as the shooter. Holleman v. Indiana, 272 Ind. 534, 400 N.E.2d 123, 124-25 (1980); see 28 U.S.C. § 2254(e)(1) ("a determination of a factual issue made by a State court shall be presumed to be......
  • Request a trial to view additional results

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