State v. Stidham
Decision Date | 06 September 2018 |
Docket Number | Court of Appeals Case No. 18A02-1701-PC-68 |
Citation | 110 N.E.3d 410 |
Parties | STATE of Indiana, Appellant-Respondent, v. Matthew STIDHAM, Appellee-Plaintiff. |
Court | Indiana Appellate Court |
Attorneys for Appellant: Curtis T. Hill, Jr., Attorney General of Indiana, Ellen H. Meilaender, Supervising Deputy Attorney General, Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, Indiana
Attorney for Appellee: David W. Stone, IV, STONE Law Office & Legal Research, Anderson, Indiana
[1] The State of Indiana appeals the post-conviction court's grant of a petition for post-conviction relief filed by Matthew Stidham. The State raises one issue which we revise and restate as whether the post-conviction court erred by granting Stidham post-conviction relief. We reverse.
[2] The relevant facts as discussed in Stidham's direct appeal follow:
Stidham v. State , 637 N.E.2d 140, 142 (Ind. 1994).
[3] A jury trial resulted in the conviction of Stidham for murder, robbery as a class A felony, criminal confinement as a class B felony, battery as a class C felony, and auto theft as a class D felony. Id. In February 1993, the Indiana Supreme Court reversed Stidham's convictions and remanded the case for a new trial. Id. (citing Stidham v. State , 608 N.E.2d 699 (Ind. 1993) ).
[4] After retrial and convictions on all counts, Stidham appealed. Id. In that appeal, he contended in part that his 141-year sentence was unreasonable and disproportionate to the crime. Id. at 144. He argued "in sharp contrast to his behavior prior to his original sentencing, his behavior in prison had been exemplary, that he had obtained a GED, and that he actively participated in a substance abuse program as certified by a letter to Judge Dailey from Linda Poe[,] the substance abuse supervisor at the institution." Id. He also argued that the record disclosed that he was an abused child. Id.
[5] In an opinion issued in July 1994, the Indiana Supreme Court concluded: "Given the extreme brutality of the crimes committed in this case, the trial judge was well within his discretion in refusing to mitigate the sentences either on [Stidham's] subsequent conduct in the prison or the abuse he had received as a child." Id. The Court observed: "As pointed out by the trial judge, two of [Stidham's] brothers had received the same treatment but had become upstanding citizens in their community." Id. The Court concluded that the sentence was defective in one regard, remanded to the trial court for the purpose of vacating the auto theft conviction as it should have been merged with the robbery conviction, and affirmed the trial court in all other respects.1 Id.
[6] On February 8, 2016, Stidham filed a verified petition for post-conviction relief contending that his sentence violated the Eighth Amendment of the United States Constitution and Article 1, Section 16 of the Indiana Constitution. On February 12, 2016, the State filed an answer to Stidham's petition, and on October 27, 2016, the court held a hearing. Stidham's counsel offered an exhibit "which is a full and complete transcript, which is a fair and accurate copy of the original and that includes everything from the beginning through the sentencing and all the appendices." October 27, 2016 Transcript at 5. The prosecutor had no objection, and the court admitted it as Petitioner's Exhibit 1. Delonda Lee Hartman testified that Stidham was her student when she was teaching for Ball State University at Indiana State Prison in Michigan City. She stated she thought Stidham was one of those students highlighted in a video titled Cell Block Scholars. Stidham's counsel offered the video as an exhibit, and the prosecutor objected on the basis of relevance. Stidham's counsel argued that the video supports that "juveniles should be treated differently by the Court" and that "juveniles need to have the ability to be reformed." Id. at 8-9. The court overruled the objection and admitted the exhibit. Hartman testified that Stidham matured, was very helpful in class, and was an exemplary student.
[7] Stidham indicated that he had "no real formal education" prior to being sentenced but had become a full-time firefighter in prison, taught the biohazard certification program and for an apprenticeship program, and was the firefighter instructor. Id. at 12.
[8] On November 29, 2016, he filed proposed findings of fact and conclusions of law, which concluded that his sentence should be ordered reduced to time served. On January 3, 2017, the post-conviction court entered an order granting Stidham's petition and stating in part:
Appellant's Appendix Volume 2 at 51-52 (underlining omitted).
[9] The State appealed. In a memorandum decision, we held that the post-conviction court had not entered "an appropriate order with respect to the conviction or sentence" or complied with Section 6 of Ind. Post-Conviction Rule 1 and we remanded for further proceedings. See State v. Stidham , No. 18A02-1701-PC-68, slip op. at 8, 2017 WL 2569796 (Ind. Ct. App. June 14, 2017).
[10] The State petitioned for rehearing and argued that this Court should have addressed its arguments that Stidham's sentencing claim was barred from review by procedural default, that his sentence did not violate the Eighth Amendment, and that the post-conviction court could not revisit a sentence found not unreasonable or disproportionate by the Indiana Supreme Court. The State also argued that we should grant rehearing to clarify a jurisdictional issue, i.e., whether this Court had retained jurisdiction or whether a new notice of appeal would be necessary. We granted rehearing to clarify that we retained jurisdiction and remanded for the post-conviction court to issue a sentencing order. See State v. Stidham , No. 18A02-1701-PC-68,...
To continue reading
Request your trial-
Conley v. State
...N.E.2d at 901 ) (emphasis added). We are not a "coordinate court" of our Supreme Court. See, e.g., State v. Stidham , 110 N.E.3d 410, 423 (Ind. Ct. App. 2018) (May, J. concurring in result), vacated by 157 N.E.3d 1185 (Ind. 2020). Noting Judge May's concurring opinion, our Supreme Court sta......
-
V.B. v. Ind. Dep't of Child Servs. (In re Eq.W.)
...would keep parties in interminable conflict, bog down our system, and delay or prevent the administration of justice." State v. Stidham , 110 N.E.3d 410, 421 (Ind. Ct. App. 2018) (May, J., concurring in result). And we agree. Res judicata is an important tool possessed by litigants and cour......
-
State v. Stidham
...court imposed an aggregate 68-year sentence.The State appealed, and the Court of Appeals reversed. State v. Stidham (Stidham III ), 110 N.E.3d 410, 421 (Ind. Ct. App. 2018). A majority of the Court of Appeals panel concluded that the doctrine of res judicata barred Stidham's challenge to hi......
-
Gourley v. State
...controversy adjudicated in the former suit must have been between the parties to the present action or their privies. State v. Stidham , 110 N.E.3d 410 (Ind. Ct. App. 2018) (quoting Chemco Transp., Inc. v. Conn , 527 N.E.2d 179, 181 (Ind. 1988) ). If any element is absent, res judicata does......