Ogle v. State, No. 19S00-9610-CR-00640
| Docket Nº | No. 19S00-9610-CR-00640 |
| Citation | 698 N.E.2d 1146 |
| Case Date | July 29, 1998 |
| Court | Supreme Court of Indiana |
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v.
STATE of Indiana, Plaintiff-Appellee.
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Steven E. Ripstra, Lytton & Ripstra, Jasper, for Defendant-Appellant.
Jeffrey A. Modisett, Attorney General, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, for Plaintiff-Appellee.
DICKSON, Justice.
The defendant, Ray Ogle, appeals from his convictions and sentence for the August 25, 1995, murder 1 and robbery 2 of Dennis Coble. The jury returned a verdict of guilty
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but was unable to recommend whether the defendant should receive life imprisonment without parole. The trial court then sentenced the defendant to 115 years in prison by enhancing the murder sentence by 10 years, from 55 years to 65 years, enhancing the robbery conviction by 20 years, from 30 to 50 years, and ordering that they be served consecutively.The claims presented relate to six issues: (1) probable cause for arrest; (2) advisement of rights during questioning; (3) sufficiency of evidence; (4) admissibility of witness credibility evidence; (5) availability of sentence to life imprisonment without parole; and (6) propriety and reasonableness of sentence.
Probable Cause for Arrest
The defendant claims that the police lacked probable cause to arrest him and that any evidence or statements obtained pursuant to that arrest should therefore have been suppressed. The defendant filed a motion to suppress, which the trial court denied, and the defendant reiterated his objection at trial. In reviewing the trial court's decision, we consider the evidence favorable to the trial court's ruling and any uncontradicted substantial evidence to the contrary to determine whether there is sufficient evidence to support the ruling. Vance v. State, 620 N.E.2d 687, 691 (Ind.1993).
Probable cause exists when the officer, at the time of arrest, has knowledge of facts and circumstances which would warrant a reasonable person to believe that the defendant committed the crime. Sears v. State, 668 N.E.2d 662, 667 (Ind.1996). The determination of probable cause is not one of mathematical precision, but rather is grounded on notions of common-sense. Illinois v. Gates, 462 U.S. 213, 235-36, 103 S.Ct. 2317, 2330-31, 76 L.Ed.2d 527, 546 (1983). The quantum of evidence necessary for probable cause is determined on a case-by-case basis. Peterson v. State, 674 N.E.2d 528, 536 (Ind.1996), cert. denied, --- U.S. ----, 118 S.Ct. 858, 139 L.E.2d 757 (1998).
Officer Richard Chambers testified at the hearing on the motion to suppress. According to his testimony, shortly after police discovered the victim's body at a Jasper upholstery factory, a local bartender reported that the defendant had been in the establishment that night with another man, that the defendant had various cuts and scrapes on his face and hands, and that the defendant stated that he had been in a fight. Officer Chambers knew that the victim had filed a criminal complaint a few days earlier against the defendant for theft, although that case was still under investigation and had not yet been resolved. The police, including Officer Chambers, went to the defendant's residence, found no one present, but subsequently learned that Gary Chamberlain was the man who was with the defendant at the bar. The police went to Chamberlain's last known address. Upon arriving at the apartment, Chamberlain gave the police consent to enter and the police discovered the defendant standing in a closet, holding what appeared to be either a knife or pair of scissors. They ordered him to drop what he was holding and then arrested him.
The prior history between the two men, the presence of cuts and scrapes on the defendant's hands and face in close temporal and spatial proximity to the death of the victim, the defendant's admission of being in a fight, and his hiding from police with a weapon, combined together, constituted probable cause which would support a warrantless arrest.
Advisement of Rights During Questioning
The defendant was brought into the police station for questioning. He was advised, and signed a waiver, of his Miranda rights at the time the police started questioning. After some questioning, the police stopped the interrogation to investigate part of the defendant's story. When the questioning resumed less than an hour later, the police did not advise the defendant a second time of his Miranda rights. The defendant filed a motion to suppress his statements during the second questioning, which the trial court denied, and the defendant reasserted the same objection at trial.
The defendant contends that his second statement should have been suppressed because he should have received a second warning. We disagree. In reviewing
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a trial court's denial of a motion to suppress statements made by the defendant, we do not reweigh the evidence but only consider the conflicting evidence favorable to the trial court's ruling and any uncontroverted substantial evidence to determine whether there is sufficient evidence to support the ruling. Buie v. State, 633 N.E.2d 250, 256 (Ind.1994). Here it is clear that police acted in accordance with the dictates of Miranda v. Arizona, 384 U.S. 436, 469, 86 S.Ct. 1602, 1625, 16 L.Ed.2d 694, 721 (1966), which requires law enforcement officials to give those in custodial interrogation an advisement of certain constitutional rights. Although it might be the better practice to reiterate such warnings after an interruption of questioning, see Grimes v. State, 454 N.E.2d 388, 391 (Ind.1983), a readvisement is only necessary when the interruption deprived the suspect of an opportunity to make an informed and intelligent assessment of his interests. Heavrin v. State, 675 N.E.2d 1075, 1081-82 (Ind.1996); Shane v. State, 615 N.E.2d 425, 427 (Ind.1993). If the interruption is part of a continual effort to investigate the suspect, then the suspect's interests remain fairly clear. Shane, 615 N.E.2d at 427.The undisputed evidence shows that the interruption in the interrogation was "part of a continual effort by the police to gather information," id., and, thus, the trial court properly denied the defendant's motion to suppress his statements made during the second interview.
Sufficiency of the Evidence
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Rondon v. State, No. 45S00-9403-PD-229.
...Rondon must show that a substantial right is affected by the exclusion of this evidence. Ind. Evidence R. 103(a)(2); see Ogle v. State, 698 N.E.2d 1146, 1151 (Ind.1998). We have determined that the statute exempting the mentally retarded from receiving the death penalty does not apply retro......
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Clark v. State, No. 48S00-0205-CR-270.
...Ortiz v. State, 716 N.E.2d 345, 348 (Ind.1999). It is grounded in notions of common sense, not mathematical precision. Ogle v. State, 698 N.E.2d 1146, 1148 (Ind. 1998) (citing Illinois v. Gates, 462 U.S. 213, 235, 103 S.Ct. 2317, 76 L.Ed.2d 527 The State points out that at the time Clark wa......
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Robinson v. State, No. 20S04–1307–CR–471.
...the defendant. Holder v. State, 847 N.E.2d 930, 935 (Ind.2006) (citing Murphy v. State, 747 N.E.2d 557, 559 (Ind.2001); Ogle v. State, 698 N.E.2d 1146, 1148–49 (Ind.1998)). We defer to the trial court's findings of fact unless they are clearly erroneous, and we will not reweigh the evidence......
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Kelly v. State, No. 30S01–1303–CR–220.
...and uncontested evidence favorable to the defendant. Id. (citing Murphy v. State, 747 N.E.2d 557, 559 (Ind.2001); Ogle v. State, 698 N.E.2d 1146, 1148–49 (Ind.1998)). The constitutionality of a search or seizure is a question of law, and we review it de novo. Campos v. State, 885 N.E.2d 590......
-
Rondon v. State, No. 45S00-9403-PD-229.
...Rondon must show that a substantial right is affected by the exclusion of this evidence. Ind. Evidence R. 103(a)(2); see Ogle v. State, 698 N.E.2d 1146, 1151 (Ind.1998). We have determined that the statute exempting the mentally retarded from receiving the death penalty does not apply retro......
-
Clark v. State, No. 48S00-0205-CR-270.
...Ortiz v. State, 716 N.E.2d 345, 348 (Ind.1999). It is grounded in notions of common sense, not mathematical precision. Ogle v. State, 698 N.E.2d 1146, 1148 (Ind. 1998) (citing Illinois v. Gates, 462 U.S. 213, 235, 103 S.Ct. 2317, 76 L.Ed.2d 527 The State points out that at the time Clark wa......
-
Robinson v. State, No. 20S04–1307–CR–471.
...the defendant. Holder v. State, 847 N.E.2d 930, 935 (Ind.2006) (citing Murphy v. State, 747 N.E.2d 557, 559 (Ind.2001); Ogle v. State, 698 N.E.2d 1146, 1148–49 (Ind.1998)). We defer to the trial court's findings of fact unless they are clearly erroneous, and we will not reweigh the evidence......
-
Kelly v. State, No. 30S01–1303–CR–220.
...and uncontested evidence favorable to the defendant. Id. (citing Murphy v. State, 747 N.E.2d 557, 559 (Ind.2001); Ogle v. State, 698 N.E.2d 1146, 1148–49 (Ind.1998)). The constitutionality of a search or seizure is a question of law, and we review it de novo. Campos v. State, 885 N.E.2d 590......