Morris v. State, No. 379S80

Docket NºNo. 379S80
Citation274 Ind. 161, 409 N.E.2d 608
Case DateSeptember 22, 1980
CourtSupreme Court of Indiana

Page 608

409 N.E.2d 608
274 Ind. 161
Abe MORRIS, III, Appellant,
v.
STATE of Indiana, Appellee.
No. 379S80.
Supreme Court of Indiana.
Sept. 22, 1980.

[274 Ind. 162]

Page 609

Arnold Paul Baratz, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Jeff G. Fihn, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Appellant, Abe Morris, III, was convicted after a trial by jury of confinement, Ind.Code § 35-42-3-3, criminal deviate conduct, Ind.Code § 35-42-4-2(a), rape, Ind.Code § 35-42-4-1(a), and robbery, Ind.Code § 35-42-5-1. He was sentenced to concurrent terms of twenty years for confinement, fifty years for criminal deviate conduct, fifty years for rape, and twenty years for the robbery. On appeal appellant raises the following issues:

Page 610

(1) Whether the evidence was sufficient to support venue;

(2) Whether a decorative license plate was improperly admitted due to its lack of relevancy;

(3) Whether appellant was provided the effective assistance of counsel at trial.

In the early morning hours of May 12, 1978, T. Baker returned home to her apartment. Appellant followed her from the parking lot to her apartment where he forced his way inside. He grabbed her around the neck and choked her. He dragged her to his car in the parking lot and told her to get on the floor and stay down or she would be killed. He put a knife to her neck and drove a short distance where he first demanded that she remove her clothing but later demanded and received eleven dollars. She was taken back to her apartment where she gave him eighty-five dollars. While in the apartment he compelled her to remove her clothing, to put her mouth on his penis, and to have sexual intercourse with him. In the course of this encounter, he stated that he had the knife on his person. After warning her not to relate what had occurred between them he departed.

[274 Ind. 163] Several days later, appellant was followed by the police from the apartment complex at which T. Baker lived. He was arrested and a plate bearing the words "I love everybody, you're next" was removed from the front of his car.

I.

At trial assurance must be provided that the offense charged occurred in the county of this State in which the trial is then taking place or from which it was removed at the instance of the accused. Proof that the crime occurred in the county identified in the charging instrument, or of proper venue as it is otherwise known, ordinarily serves this purpose. Proper venue must be proved by the State in the same manner as the essential elements of the crime as defined by statute, but only by a preponderance of the evidence. Sizemore v. State, (1979) Ind., 395 N.E.2d 783. Appellant contends that the evidence presented by the State was insufficient to prove that the offenses with which he was charged occurred in Marion County, Indiana. Appellate courts treat this claim in the same manner as other claims of insufficient evidence. Consequently in determining this question we do not weigh the evidence nor resolve questions of credibility, but look to the evidence and reasonable inferences therefrom which support the conclusion of requisite venue. The burden in this regard will be deemed satisfied if from that viewpoint there is evidence of probative value which a reasonable trier of fact could conclude preponderates in favor of the existence of that requisite venue. Circumstantial evidence is no different from other evidence for this purpose, and standing alone may be sufficient.

It was presented through testimony of the State's witnesses that the apartment complex at which the alleged victim resided was on the northeast side of the city at 38th and Mitthoefer. At least two State's witnesses pointed out the location of these apartments on a map. According to a police officer of the City of Indianapolis, they were located in the sector of the city...

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32 practice notes
  • Spinks v. McBride, No. 3:93cv0542 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • June 29, 1994
    ...was ineffective for not allowing him to testify. We will not second guess counsel regarding trial tactics. In Morris v. State (1980), 274 Ind. 161, 165-66, 409 N.E.2d 608, 611-12, our supreme court "Deliberate choices made by counsel for some contemplated tactical or strategic reason d......
  • Wilkins v. State, No. 3-181A13
    • United States
    • Indiana Court of Appeals of Indiana
    • September 28, 1981
    ...even though they may be criticized later or turn out to be detrimental to the defendant. See, e. g., Morris v. State (1980), Ind., 409 N.E.2d 608; Roberts v. State (1981), Ind.App., 419 N.E.2d 803. As a result, this Court holds that the trial court did not err in finding that these actions ......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...This Court will not speculate as to what may have been the most advantageous strategy in a particular case. Morris v. State, (1980) Ind., 409 N.E.2d 608; Hollon v. State, (1980) Ind., 398 N.E.2d In this case, petitioner presented no evidence to show who the witnesses were who allegedly were......
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • December 29, 1982
    ...that another attorney might have conducted the defense differently is not sufficient to require reversal. Morris v. State, (1980) Ind., 409 N.E.2d 608; Hollon v. State, (1980) Ind., 398 N.E.2d 1273; Dull v. State, (1978) 267 Ind. 549, 372 N.E.2d From the record before us, we find that defen......
  • Request a trial to view additional results
32 cases
  • Spinks v. McBride, No. 3:93cv0542 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • June 29, 1994
    ...was ineffective for not allowing him to testify. We will not second guess counsel regarding trial tactics. In Morris v. State (1980), 274 Ind. 161, 165-66, 409 N.E.2d 608, 611-12, our supreme court "Deliberate choices made by counsel for some contemplated tactical or strategic reason d......
  • Wilkins v. State, No. 3-181A13
    • United States
    • Indiana Court of Appeals of Indiana
    • September 28, 1981
    ...even though they may be criticized later or turn out to be detrimental to the defendant. See, e. g., Morris v. State (1980), Ind., 409 N.E.2d 608; Roberts v. State (1981), Ind.App., 419 N.E.2d 803. As a result, this Court holds that the trial court did not err in finding that these actions ......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...This Court will not speculate as to what may have been the most advantageous strategy in a particular case. Morris v. State, (1980) Ind., 409 N.E.2d 608; Hollon v. State, (1980) Ind., 398 N.E.2d In this case, petitioner presented no evidence to show who the witnesses were who allegedly were......
  • Brown v. State, No. 181S13
    • United States
    • Indiana Supreme Court of Indiana
    • December 29, 1982
    ...that another attorney might have conducted the defense differently is not sufficient to require reversal. Morris v. State, (1980) Ind., 409 N.E.2d 608; Hollon v. State, (1980) Ind., 398 N.E.2d 1273; Dull v. State, (1978) 267 Ind. 549, 372 N.E.2d From the record before us, we find that defen......
  • Request a trial to view additional results

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