Parsley v. State
| Decision Date | 31 August 1973 |
| Docket Number | No. 972S118,972S118 |
| Citation | 261 Ind. 106,300 N.E.2d 652 |
| Parties | Lonnie Jackson PARSLEY, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Barrie C. Tremper, Allen County, Public Defender, Fort Wayne, for appellant.
Theodore L. Sendak, Atty. Gen., Anthony J. Metz, Duputy Atty. Gen., Indianapolis, for appellee.
This is an appeal from a conviction of inflicting injury in the course of a robbery (I.C.1971, 35--13--4--6, being Burns § 10--4101) after a trial by jury in the Allen Circuit Court, Honorable Hermann Busse presiding. Appellant contends that the trial court committed error by allowing the victim of the crime to make an in-court indentification of appellant after it was established that the victim had been exposed to a post-indictment photographic display which was held without notice to or presence of appellant's counsel.
The relevant facts of this appeal are that on September 17, 1970, the Maloley's Supermarket in Fort Wayne, Indiana, was held up by three men. Two of the men had histols and the third carried a shotgun. During the course of the robbery one of the employees of the store apparently ventured too close to one of the robbers and the man struck the employee on the head with a pistol. It was later discovered that the victim's skull and been fractured by the blow and he spent several months in the hospital.
Appellant was tried separately from his co-defendants and the victim testified at the trial. He stated that after he was struck by one of the men carrying the pistol he staggered toward the holdup man carrying the shotgun. This man threatened to shot the victim unless he sat down, which the victim then did. At the time the victim was threatened he testified that he was within three or four feet of the man carrying the shotgun. The victim identified the appellant as that man.
Before this in-court identification was made, however, appellant's attorney asked and received permission to voir dire the witness concerning possible pre-trial identification events. The victim stated that several days before trial he was shown 'some picture' at the prosecutor's office. No other information concerning the pretrial identification was elicited from the witness and the remainder of the voir dire was concerned with the victim's recollection of the holdup man's appearance on the day of the robbery. Appellant's subsequent objection to the victim's in-court identification testimony was overruled by the trial court.
Appellant contends that the cases of United States v. Wade (1967), 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, and Gibert v. California (1967), 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178, hold that any post-indictment identification procedure is a 'critical stage' of the criminal process and hence appellant here was...
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Johnson v. State
...on September 17, 1970. The defendant was convicted sometime before the Supreme Court affirmed his conviction in Parsley v. State (1973), 261 Ind. 106, 300 N.E.2d 652. The defendant was sentenced to life imprisonment under the laws in effect at the time the crime was committed and he was tri......
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Parsley v. State
...of a robbery and was sentenced to life imprisonment. His conviction was affirmed by this Court on direct appeal. Parsley v. State, (1973) 261 Ind. 106, 300 N.E.2d 652. The primary issues presented by the post conviction petition were (1) a claim that the petitioner was insane both at the ti......
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Eaton v. State
...initial photographic display was suggestive we find there was no substantial likelihood of misidentification at trial. Parsley v. State (1973), Ind., 300 N.E.2d 652; Emerison v. State (1972), Ind., 287 N.E.2d It is our opinion there was sufficient evidence for the jury to determine the iden......
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Parsley v. State
...of a robbery and was sentenced to life imprisonment. His conviction was affirmed by this Court on direct appeal. Parsley v. State, (1973) 261 Ind. 106, 300 N.E.2d 652. The denial of a first petition for post-conviction relief was affirmed in Parsley v. State, (1976) 265 Ind. 297, 354 N.E.2d......