Spranger v. State
| Decision Date | 15 October 1986 |
| Docket Number | No. 684S216,684S216 |
| Citation | 498 N.E.2d 931 |
| Parties | William SPRANGER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Indiana Supreme Court |
Terrance W. Richmond, Milan, for appellant.
Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant William Spranger was charged with murder, I.C. Sec. 35-42-1-1. The State also requested the death penalty, alleging as the aggravating circumstance that the murder victim was a law enforcement officer acting in the course of duty, I.C. Sec. 35-50-2-9(b)(6)(i). After a change of venue from Noble to Wayne County, a Wayne Circuit Court jury convicted defendant of murder, and during the penalty phase found that the death penalty should be imposed. The trial judge sentenced defendant to death.
Restated, the following issues are raised on this direct appeal:
1. whether the trial court erred in denying defendant's several requests for continuance;
2. whether the trial court erred in denying defendant's request for a list of witnesses specifically expected to testify;
3. whether the trial court erred in refusing to appoint a defense sociologist;
4. whether the trial court erred in admitting various exhibits;
5. whether the trial court erred in admitting evidence of crimes committed by defendant in the course of events which led to the instant crime;
6. whether the trial court erred in denying motions for a jury view of the crime scene and for a weapon demonstration;
7. whether the trial court erred in giving its Final Instruction No. 8;
8. whether the evidence was sufficient to sustain the verdict of murder;
9. whether the trial court erred during the penalty phase of the trial in limiting the testimony of a defense witness 10. whether I.C. Sec. 35-50-2-9 fails to accord due process of law in that it does not require a finding that the aggravating factors outweigh the mitigating factors beyond a reasonable doubt before the death penalty may be imposed; and,
11. whether imposition of the death penalty in this case is contrary to law.
We affirm the conviction and death sentence.
During the early morning hours of May 28, 1983, defendant, then 18 years old, and one Allen Snyder were driving from Fort Wayne to Avilla, in Noble County. Nearby residents observed them vandalizing an automobile, and one called Avilla Town Marshal William Miner. Marshal Miner drove to the scene, apprehended the two men and called for assistance. A struggle between the marshal and Snyder quickly ensued during which the marshal's service revolver was knocked either away from his hand or out of its holster onto the highway. Defendant crossed the highway, picked it up and fatally shot Marshal Miner in the back. Defendant and Snyder were eventually arrested. Defendant led officers to a small lake where he had discarded the revolver and flashlight. Snyder was allowed to plead guilty to involuntary manslaughter and given a prison term. Defendant later claimed that Snyder shot Marshall Miner. However, in addition to Snyder's testimony, the State presented evidence of at least four admissions by the defendant that he, not Snyder, fired the shot, and the State presented unrefuted expert medical testimony that the bullet, fired from some distance, entered the marshal's back. We review specific testimony in somewhat more detail in our discussion of Issue VIII below.
Defendant emphatically contends that he was denied both a fair trial and the effective assistance of counsel because the trial court refused several requests for a continuance, and failed to timely appoint co-counsel and provide additional investigatory and secretarial personnel. Defendant was arrested May 31, 1983. On June 1, 1983, the Noble County public defender was appointed to represent him. On June 10, 1983, defendant's motion for appointment of co-counsel was denied. Following a change of venue, the Wayne Circuit Court set trial for November 1, 1983. Thereupon defendant again moved for the appointment of co-counsel. On October 7, 1983, the trial court appointed co-counsel to assist and approved funds for investigative and secretarial assistance. On October 13, 1983, the trial court denied defendant's motion for continuance, and moved the beginning trial date forward one day, to October 31, 1983. Defendant again moved for continuance, claiming the need for additional time to investigate and prepare.
With respect to defendant's claim that the denials of his motions for continuance deprived him of a fair trial, we disagree. The granting of continuances is subject to the trial court's sound discretion. Smith v. State (1985), Ind., 475 N.E.2d 27; Kimball v. State (1985), Ind., 474 N.E.2d 982; Rhinehardt v. State (1985), Ind., 477 N.E.2d 89. Our review of the record fails to disclose any abuse of discretion or resulting inadequacy of representation.
Defendant contends that a showing of prejudice is unnecessary when insufficient time results in a denial of the right to counsel. However, we are not persuaded that the trial court failed to afford adequate time.
Finding no abuse of discretion nor denial of rights to counsel and to fair trial, we do not find error upon this issue.
Defendant contends he was denied a fair trial by the trial court's denial of defendant's motion to require the State to disclose specific trial witness information. Defendant's "Motion to Produce Evidence" filed June 8, 1983, requested extensive discovery, including the "names and last known addresses of all persons whom the State of Indiana intends to use in the prosecution of this cause of action, and the By September 26, 1983, the prosecutor had indicated to counsel for defendant that the State would call approximately 30 witnesses. However, the record does not indicate whether or not the identity of these persons had been disclosed. On September 26, 1983, defendant filed a motion requesting a transcript of bail reduction hearings scheduled to occur September 29 and 30. Thirty-three witnesses testified at said hearing, twenty-six of whom were included in the State's original list of potential witnesses. On October 7, 1983, the court granted defendant's motion for a transcript of the bail proceedings. The record does not reflect when the transcripts were received by defense counsel. On Thursday, October 27, 1983, with the trial scheduled to begin the following Monday, defendant filed a "Motion for Specification" requesting that before 9:00 a.m. on the beginning day of trial, the State be ordered to furnish defense counsel with the following:
names and last known addresses of persons known to the State of Indiana to have knowledge pertinent to this cause of action or who were interviewed but who will not be used as witnesses by the State of Indiana herein." The State's response, filed June 15, 1983, asserted that it had not determined which individuals it would call as witnesses, but submitted a list of persons the State "may call as witnesses". In its response, the State acknowledged that the list was incomplete. Responding to other discovery requests, the State provided the defense with copies of 26 statements of potential witnesses, and offered to make other statements available upon request. The list of potential witnesses contained the names of over 170 persons. Hardly any addresses were given, but a majority of the names were followed by a telephone number
1. the names, addresses and telephone numbers of each and every witness to be called as such for trial in this cause;
2. an exact description of each and every exhibit, and its present location and custodian, to be used as such for trial in this cause; and,
3. an exact description and designation of each photograph to be used as an exhibit, including a copy of same to be provided to defense counsel if it has not already been provided.
In its entry denying the motion, the trial court stated:
The Court requests the parties to cooperate and the State to the extent possible to give some indication as to witnesses who will actually be called so that the defendant may prepare for such witnesses and also have some idea as to when to be ready to present any defense.
The error urged by defendant is that the trial court failed to require the State to specifically disclose which witnesses the State would be calling for trial. Defendant contends that in ruling upon the motion, the court had but two choices: either to order the requested discovery, or to grant a continuance.
In cases of violation of discovery orders, a continuance has been held as a proper remedy unless the State's action is so misleading or demonstrates such bad faith that exclusion of evidence is necessary to protect the defendant's fair trial rights. Crenshaw v. State (1982), Ind., 439 N.E.2d 620. However, the trial court would be granted discretion in determining whether there has been substantial compliance with discovery. Allen v. State (1982), Ind., 439 N.E.2d 615.
We are not directed to, nor do we find, any indication in the transcript that defendant filed a motion to compel discovery, or in any other manner objected to the adequacy of the State's initial response to defendant's discovery request for identification and information regarding the State's potential trial witnesses. Defendant has not complained, and does not now assert, that the State violated any discovery order. He merely contends that the trial court should have required the additional discovery.
Trial courts are granted wide latitude in matters concerning discovery. Opfer v. State (1985), Ind., 482 N.E.2d 706; Kalady v. State (1984), Ind., 462 N.E.2d 1299. Absent clear error and resulting prejudice, a The question is not whether the court abused its discretion in choosing between a continuance or exclusion to remedy a discovery violation. No such violation is alleged. The question is whether the court abused its discretion in...
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