Hooks v. State, No. 280S33

Docket NºNo. 280S33
Citation409 N.E.2d 618, 274 Ind. 176
Case DateSeptember 24, 1980
CourtSupreme Court of Indiana

Page 618

409 N.E.2d 618
274 Ind. 176
Waymon HOOKS, Appellant,
v.
STATE of Indiana, Appellee.
No. 280S33.
Supreme Court of Indiana.
Sept. 24, 1980.

[274 Ind. 177]

Page 619

Richard M. Salb, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Janis L. Summers, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Appellant Waymon Hooks was charged in Marion Superior Court with murder under Ind.Code § 35-42-1-1 (Burns 1979 Repl.) as a result of the shooting death of his wife, Nellie Hooks. He was convicted after a jury trial. The trial court sentenced Hooks to forty years imprisonment. Appellant Hooks now attempts to raise four issues for our review on this appeal. However, contrary to the clear language of Ind.R.Tr.P. 59(D), Ind.R.App.P. 8.3(A)(7), and numerous cases from our courts, appellant failed to include three of these issues in his motion to correct errors. He has, therefore, waived any review of these alleged errors. See, e. g., Guardiola v. State, (1978) 268 Ind. 404, 405, 375 N.E.2d 1105, 1107; Murphy v. State, (1977) 267 Ind. 184, 187, 369 N.E.2d 411, 413; Finch v. State, (1975) 264 Ind. 48, 50-51, 338 N.E.2d 629, 630; Spivey v. State, (1971) 257 Ind. 257, 263, 274 N.E.2d 227, 230.

The sole remaining issue for our consideration concerns the sufficiency of the evidence. Appellant sought to establish at trial that he acted in self-defense. Under Ind.Code § 35-41-3-2 (Burns 1979 Repl.):

"(A) person is justified in using deadly force only if he reasonably believes that that force is necessary to prevent serious bodily injury[274 Ind. 178] to himself or a third person or the commission of a forcible felony."

Cf. Ind.Code § 35-41-3-2(a), (d) (Burns 1980 Supp.). Alternatively, he argued that he acted in sudden heat. Under Ind.Code § 35-42-1-3 (Burns 1979 Repl.), this sudden heat, if established, would operate as a mitigating factor and would reduce to voluntary manslaughter what would otherwise be murder.

On January 17, 1978, the decedent, Nellie Hooks, was working as a waitress in the Slo Poke Tavern in Indianapolis. At approximately 12:30 a. m., appellant Waymon Hooks, the decedent's husband, entered the tavern and approached his wife. Nellie Hooks had left her husband on the preceding New Year's Eve and had not returned home since that time. When she saw appellant enter the bar, she moved to the far end of the bar opposite the door, and said, "Oh my God, there he is! He's gonna kill me!" Appellant attempted to engage her in conversation. Apparently he was trying to persuade her to sign a transfer of title form for an automobile. The two talked for approximately five minutes about this and other financial matters. While they were arguing, the bartender, Earl Dennison, removed a pistol from a shelf behind the bar, placed it in his pocket, and sat with some patrons on the other side of the room.

Appellant Waymon Hooks left the tavern and returned a very short time later with three children. The oldest of these children was appellant's teenage son, David. After a brief verbal exchange, appellant and decedent Nellie Hooks began to scuffle, and appellant slapped her or knocked her up against a pole, causing her to hit her head and fall to the floor. Earl Dennison then stood up and approached appellant, telling him to take the children and leave the tavern. Another witness, James Droppeaux, got up and moved toward Nellie Hooks to assist her. Appellant Waymon Hooks and the children started toward the door. Appellant then produced a .38 caliber pistol which had been hidden in his son's pocket, turned, and shot Earl Dennison. The bullet struck Dennison above the heart and passed through his body. Appellant then walked over to where Nellie Hooks was hiding on the floor and shot her three times, the bullets striking her in the neck, leg, and abdomen.

Page 620

Hooks then headed for the door,...

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23 practice notes
  • Short v. State, No. 381S86
    • United States
    • Indiana Supreme Court of Indiana
    • December 27, 1982
    ...to Correct Error. An allegation of error on appeal not raised in the Motion to Correct Error is waived. Hooks v. State, (1980) Ind., 409 N.E.2d 618; Lynn v. State, (1978) 268 Ind. 632, 377 N.E.2d Appellant claims the trial court erred in admitting into evidence certain items identified as s......
  • Bryan v. State, No. 1181S327
    • United States
    • Indiana Supreme Court of Indiana
    • June 28, 1983
    ...must be adequate to arouse the emotions of an ordinary man so as to obscure his reasoning powers. See, e.g., Hooks v. State, (1980) Ind., 409 N.E.2d 618 (decedent/wife's removal of all funds from joint checking account and failure to provide food at home for children was not "adequate" prov......
  • Sanders v. State, No. 1080S385
    • United States
    • Indiana Supreme Court of Indiana
    • November 25, 1981
    ..."cooling off" period had passed and, therefore, that defendant did not stab Spagoletti in a sudden heat. See Hooks v. State, (1980) Ind. 409 N.E.2d 618, 620. It is undisputed that defendant knew he had the knife at hand before Spagoletti went outside. Defendant said he switched the knife fr......
  • Badelle v. State, No. 1179S306
    • United States
    • Indiana Supreme Court of Indiana
    • June 13, 1983
    ...Errors but raised it for the first time in this appeal. He therefore waived any consideration of this issue. Hooks v. State, (1980) Ind., 409 N.E.2d 618. The trial court is in all things GIVAN, C.J., and DeBRULER, HUNTER and PRENTICE, JJ., concur. ...
  • Request a trial to view additional results
23 cases
  • Short v. State, No. 381S86
    • United States
    • Indiana Supreme Court of Indiana
    • December 27, 1982
    ...to Correct Error. An allegation of error on appeal not raised in the Motion to Correct Error is waived. Hooks v. State, (1980) Ind., 409 N.E.2d 618; Lynn v. State, (1978) 268 Ind. 632, 377 N.E.2d Appellant claims the trial court erred in admitting into evidence certain items identified as s......
  • Bryan v. State, No. 1181S327
    • United States
    • Indiana Supreme Court of Indiana
    • June 28, 1983
    ...must be adequate to arouse the emotions of an ordinary man so as to obscure his reasoning powers. See, e.g., Hooks v. State, (1980) Ind., 409 N.E.2d 618 (decedent/wife's removal of all funds from joint checking account and failure to provide food at home for children was not "adequate" prov......
  • Sanders v. State, No. 1080S385
    • United States
    • Indiana Supreme Court of Indiana
    • November 25, 1981
    ..."cooling off" period had passed and, therefore, that defendant did not stab Spagoletti in a sudden heat. See Hooks v. State, (1980) Ind. 409 N.E.2d 618, 620. It is undisputed that defendant knew he had the knife at hand before Spagoletti went outside. Defendant said he switched the knife fr......
  • Badelle v. State, No. 1179S306
    • United States
    • Indiana Supreme Court of Indiana
    • June 13, 1983
    ...Errors but raised it for the first time in this appeal. He therefore waived any consideration of this issue. Hooks v. State, (1980) Ind., 409 N.E.2d 618. The trial court is in all things GIVAN, C.J., and DeBRULER, HUNTER and PRENTICE, JJ., concur. ...
  • Request a trial to view additional results

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