Taggart v. State, 877S606
| Docket Nº | No. 877S606 |
| Citation | 271 Ind. 136, 390 N.E.2d 657 |
| Case Date | June 20, 1979 |
| Court | Supreme Court of Indiana |
Page 657
v.
STATE of Indiana, Appellee.
[271 Ind. 137]
Page 658
Lee J. Christakis, Gary, for appellant.Theodore L. Sendak, Atty. Gen., Gordon E. White, Jr., Deputy Atty. Gen., Indianapolis, for appellee.
PIVARNIK, Justice.
Appellant Taggart, along with Samuel Gutierrez and William McCall, were charged by a Lake County Grand Jury with premeditated murder and murder during the commission of a robbery. These charges arose out of the shooting death of Richard Wozniak at the Sicilian Inn in Gary, Indiana, on April 12, 1975. The three were jointly tried to a jury in Jasper Circuit Court. Appellant Taggart was found guilty of felony murder and first degree murder on March 11, 1977, and received a life sentence for the felony murder conviction, with sentencing withheld on the first degree murder conviction.
Appellant raises two issues on appeal, regarding: (1) whether the trial court erred in denying appellant's Motion for Severance; and (2) whether the evidence is sufficient to sustain the conviction.
I.
Appellant first argues that the trial court erred in not granting him a separate trial. He contends that the defense presented by one of his co-defendants, combined with the nature of the testimony of several former co-defendants, deprived him of a fair determination of his guilt or innocence.
The decision to grant or deny a Motion for Severance is within the [271 Ind. 138] sound discretion of the trial court, and will not be disturbed on appeal absent a showing of abuse of that discretion. Gutierrez v. State, (1979) Ind., 386 N.E.2d 1207, 1208; Rogers v. State, (1978) Ind., 375 N.E.2d 1089, 1091. Appellant points to two facts which he says combined to warrant a separate trial for him: (1) co-defendant McCall presented an insanity defense based on his alleged extraordinary fear of appellant; and (2) several former co-defendants testified against appellant pursuant to plea bargains they struck with the State.
Page 659
This Court has held that one defendant's choosing to present an insanity defense does not as a matter of law entitle either that defendant or a co-defendant to a separate trial, absent a showing of other facts which evidence an abuse of discretion by the trial court. Marx v. State, (1957) 236 Ind. 455, 457, 141 N.E.2d 126, 127; Neal v. State of Indiana, (1938) 214 Ind. 328, 334, 14 N.E.2d 590, 593. Appellant...
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Drollinger v. State, 778S146
...Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 956; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659. In the case before us, Stonebraker and Wright admitted their involvement in the murders and named Drollinger not only as a co-participa......
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Lawson v. State, 1177S797
...v. State, (1980) Ind., 405 N.E.2d 522, 526; Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 956; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659. In so doing, the jury may believe or disbelieve whomever they choose. E.g., Lock v. State, (1980) Ind., 403 N.E.2d 1360, 1373; Sypniewski v.......
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Dooley v. State, 1080S401
...witness, which is determined by the jury, not this Court. Hill v. State, (1979) Ind., 394 N.E.2d 132, 135; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659; Pollard v. State, (1979) Ind., 388 N.E.2d 496, 501. We cannot say that the trial judge abused his discretion by permitting this test......
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Sanders v. State, 1080S385
...so, they were free to disbelieve defendant's testimony. Hill v. State, (1979) Ind. 394 N.E.2d 132, 135; Taggart v. State, (1979) Ind. 390 N.E.2d 657, 659; Johnson v. State, (1978) 268 Ind. 55, 56-57, 373 N.E.2d 169, Defendant testified in his own defense. On the night in question, defendant......
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Drollinger v. State, 778S146
...Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 956; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659. In the case before us, Stonebraker and Wright admitted their involvement in the murders and named Drollinger not only as a co-participa......
-
Lawson v. State, 1177S797
...v. State, (1980) Ind., 405 N.E.2d 522, 526; Riggenbach v. State, (1979) Ind., 397 N.E.2d 953, 956; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659. In so doing, the jury may believe or disbelieve whomever they choose. E.g., Lock v. State, (1980) Ind., 403 N.E.2d 1360, 1373; Sypniewski v.......
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Dooley v. State, 1080S401
...witness, which is determined by the jury, not this Court. Hill v. State, (1979) Ind., 394 N.E.2d 132, 135; Taggart v. State, (1979) Ind., 390 N.E.2d 657, 659; Pollard v. State, (1979) Ind., 388 N.E.2d 496, 501. We cannot say that the trial judge abused his discretion by permitting this test......
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Sanders v. State, 1080S385
...so, they were free to disbelieve defendant's testimony. Hill v. State, (1979) Ind. 394 N.E.2d 132, 135; Taggart v. State, (1979) Ind. 390 N.E.2d 657, 659; Johnson v. State, (1978) 268 Ind. 55, 56-57, 373 N.E.2d 169, Defendant testified in his own defense. On the night in question, defendant......