Tevis v. State
| Decision Date | 17 July 1985 |
| Docket Number | No. 1183S386,1183S386 |
| Citation | 480 N.E.2d 214 |
| Parties | Ruemonte TEVIS, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Terry O'Maley, Richmond, for appellant.
Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.
This is a direct appeal from conviction of dealing in Hydromorphone, a class B felony, I.C. Sec. 35-48-4-2(1). The case was tried before a jury. Appellant received a fifteen year sentence.
Appellant raises one issue on appeal: whether the trial court erred in refusing to give his proposed jury instruction which concerned the credibility of informants.
These are the facts from the record that tend to support the determination of guilt. On April 30, 1981, appellant sold Thomas Kelly four pills, referred to as "4s" for $150.00. Kelley was a confidential informant working for the Indiana State Police.
The jury instruction which the defense tendered and the trial court rejected is set forth here:
The testimony of an informer who provides evidence against a defendant for pay, or for immunity from punishment, or for personal advantage or vindication, must be examined and weighed by the jury with greater care than the testimony of an ordinary witness. The jury must determine whether the informer's testimony has been affected by interest, or by prejudice against the defendant.
In dealing with this same issue in Drollinger v. State (1980), 274 Ind. 5, 408 N.E.2d 1228, 1241, we said:
In Morris v. State (1977), 266 Ind. 473, 364 N.E.2d 132, the defendant tendered an instruction which similarly advised the jury to cautiously scrutinize and evaluate the testimony of a co-defendant. We held the trial court properly refused this instruction and gave a general instruction on the credibility of all witnesses. Quoting Turner v. State (1972), 258 Ind. 267, 272, 280 N.E.2d 621, 624, we explained that it would be "improper for a trial court to invade the province of the jury by commenting on the competency of or the weight to be given to the testimony of any particular witness who testifies in a case." 266 Ind. at 478, 364 N.E.2d at 136. See Murphy v. State (1977), 267 Ind. 184, 196, 369 N.E.2d 411, 417.
Likewise, in the case at bar, the trial court gave the following instructions:
You are the exclusive judges of the evidence, the credibility of the witnesses and of the weight to be given to the testimony of each of them. In considering the testimony of any witness, you may take into account his or her ability and opportunity to observe: the memory, manner and conduct of the witness while testifying; and interest, bias or prejudice the witness may have; any relationship with other witnesses or interested ...
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Pedrick v. State
...refusal to give tendered instruction directing jury to view with caution testimony of the State's identification witness); Tevis v. State (1985), Ind., 480 N.E.2d 214 (no error in trial court's refusal to give tendered instruction advising jury to view informant's testimony with caution). H......
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Hoover v. State
...N.E.2d 918 (refusal to give tendered instruction directing jury to view identification witness' testimony with caution); Tevis v. State (1985), Ind., 480 N.E.2d 214 (refusal to give tendered instruction directing jury to view informants' testimony with caution); Collins v. State (1983), Ind......
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Harrison v. State
...weighed with greater care than that of any other witness. We have approved of the rejection of similar instructions. Tevis v. State (1985), Ind., 480 N.E.2d 214, 214-215; Drollinger v. State (1980), 274 Ind. 5, 5-6, 408 N.E.2d 1228, 1241. As in Tevis and Drollinger, the present trial court ......
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Adams v. State
...of the jury to accept that a witness is telling the truth, and as such, it should not be in there." Record, p. 529. In Tevis v. State (1985), Ind., 480 N.E.2d 214, while our Supreme Court did not address this particular question, it did approve an instruction which included the following Yo......