Turnpaugh v. State, No. 25S00-8606-CR-568

Docket NºNo. 25S00-8606-CR-568
Citation521 N.E.2d 690
Case DateApril 20, 1988
CourtSupreme Court of Indiana

Page 690

521 N.E.2d 690
Thomas TURNPAUGH, Appellant,
v.
STATE of Indiana, Appellee.
No. 25S00-8606-CR-568.
Supreme Court of Indiana.
April 20, 1988.

Page 691

James O. Wells, Jr., Rochester, for appellant.

Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Appellant directly appeals his convictions for child molesting, class C felony, and attempted child molesting, class B felony. He received a sentence of seven years for the C felony and a sentence of fifteen years for the B felony, the latter enhanced by thirty years due to an habitual offender determination.

There are three issues presented for review: (1) whether the two causes were improperly joined for trial; (2) whether results of tests performed on samples from a "rape kit" were improperly admitted due to loss of the samples and kit; and (3) whether there was sufficient evidence of identity to support the convictions.

These are the facts from the record which tend to support the determination of guilt. Mary, her son Andy, and her boyfriend Sam were temporarily living with appellant and his wife. Appellant and Sam picked up Mary's two sisters, Judy, age fourteen, and Penny, age eight, so they could visit with Mary and spend the night. Mary and Sam left the children, Judy, Penny and Andy, at appellant's house to sleep while they slept in a nearby trailer. In the early morning hours of March 21, 1982, the older child, Judy, knocked on the door of the trailer and informed her sister, Mary, that appellant had raped her. Mary and Sam retrieved Penny and Andy and some of their belongings from appellant's house and called a friend to pick them up and take them to the girls' mother's house. Judy was then taken to the police station to

Page 692

report the incident and to the hospital for an examination at which time the doctor prepared a rape kit. A few days later, Judy's eight year old sister, Penny, reported to a welfare department case worker that on March 20, the evening preceding the alleged rape of Judy, appellant had attempted sexual intercourse with her. Neither victim was able to identify appellant at trial although both were acquainted with him prior to these incidents.
I

Error is asserted in the joinder for purposes of trial of the two offenses. It is contended that the causes were joined solely because they were of similar nature. Appellant urges that since there were different victims alleged, the informations were filed two years apart, and the offenses occurred on different days, there was no basis for the joinder.

I.C 35-34-1-9(a) provides that:

"(a) Two (2) or more offenses may be joined in the same indictment or information, with each offense stated in a separate count, when the offenses:

* * *

* * *

(2) are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan."

While appellant's compound premise is true it does not include all material factors. Each offense did deal with a different individual, however the victims were sisters who were both spending the night in appellant's home. Further, while the events occurred on different days, the attempted molestation of Penny occurred on the evening of March 20, 1982, and the incident...

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6 practice notes
  • Rita v. State, No. 71A03-9506-CR-185
    • United States
    • Indiana Court of Appeals of Indiana
    • April 18, 1996
    ...error. The defendant in a criminal case has the right to examine physical evidence in the hands of the prosecution. Turnpaugh v. State, 521 N.E.2d 690, 692 (Ind.1988), citing Miller v. Pate, 386 U.S. 1, 87 S.Ct. 785, 17 L.Ed.2d 690 (1967). The negligent destruction or withholding of materia......
  • Pierce v. State, No. 78S05–1407–CR–460.
    • United States
    • Indiana Supreme Court of Indiana
    • May 12, 2015
    ...can also be linked by a defendant's efforts to take advantage of his special relationship with the victims. E.g., Turnpaugh v. State, 521 N.E.2d 690, 692 (Ind.1988) (finding child molestation charges were connected together where the victims were two young sisters who were overnight guests ......
  • Davidson v. State, No. 18S00-9006-CR-430
    • United States
    • Indiana Supreme Court of Indiana
    • October 29, 1991
    ...should not have been joined. There was no error committed by the joinder of these offenses. See, e.g., Turnpaugh v. State (1988), Ind., 521 N.E.2d 690 (charged crimes were properly joined when they took place on the same night and were committed against young sisters who were both spending ......
  • Wissman v. State, No. 20S00-8705-CR-458
    • United States
    • Indiana Supreme Court of Indiana
    • July 12, 1989
    ...appellant suffered from the excluded exhibit was of such significance as to warrant a reversal. Turnpaugh v. State (1988), Ind., 521 N.E.2d 690. Appellant argues the trial court erred in allowing Officer Schollian to testify about his self-incriminating Officer Schollian testified that he l......
  • Request a trial to view additional results
6 cases
  • Rita v. State, No. 71A03-9506-CR-185
    • United States
    • Indiana Court of Appeals of Indiana
    • April 18, 1996
    ...error. The defendant in a criminal case has the right to examine physical evidence in the hands of the prosecution. Turnpaugh v. State, 521 N.E.2d 690, 692 (Ind.1988), citing Miller v. Pate, 386 U.S. 1, 87 S.Ct. 785, 17 L.Ed.2d 690 (1967). The negligent destruction or withholding of materia......
  • Pierce v. State, No. 78S05–1407–CR–460.
    • United States
    • Indiana Supreme Court of Indiana
    • May 12, 2015
    ...can also be linked by a defendant's efforts to take advantage of his special relationship with the victims. E.g., Turnpaugh v. State, 521 N.E.2d 690, 692 (Ind.1988) (finding child molestation charges were connected together where the victims were two young sisters who were overnight guests ......
  • Davidson v. State, No. 18S00-9006-CR-430
    • United States
    • Indiana Supreme Court of Indiana
    • October 29, 1991
    ...should not have been joined. There was no error committed by the joinder of these offenses. See, e.g., Turnpaugh v. State (1988), Ind., 521 N.E.2d 690 (charged crimes were properly joined when they took place on the same night and were committed against young sisters who were both spending ......
  • Wissman v. State, No. 20S00-8705-CR-458
    • United States
    • Indiana Supreme Court of Indiana
    • July 12, 1989
    ...appellant suffered from the excluded exhibit was of such significance as to warrant a reversal. Turnpaugh v. State (1988), Ind., 521 N.E.2d 690. Appellant argues the trial court erred in allowing Officer Schollian to testify about his self-incriminating Officer Schollian testified that he l......
  • Request a trial to view additional results

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