Walker v. State, No. 1081S299

Docket NºNo. 1081S299
Citation442 N.E.2d 696
Case DateDecember 16, 1982
CourtSupreme Court of Indiana

Page 696

442 N.E.2d 696
Arnis Junior WALKER, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 1081S299.
Supreme Court of Indiana.
Dec. 16, 1982.

Susan K. Carpenter, Public Defender, Jay Rodia, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Aimee L. Kolze, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Arnis Junior Walker, was convicted by a jury of robbery while armed, a Class B felony, Ind.Code Sec. 35-42-5-1 (Burns 1979) and theft, a Class D felony, Ind.Code Sec. 35-43-4-2 (Burns 1979). He was sentenced to the Indiana Department of Correction for concurrent terms of twelve years and one year. In this direct appeal, he raises the following three issues:

1. Whether the trial court properly exercised its discretion in limiting the scope of the recross examination of one witness;

2. Whether defendant was denied the effective assistance of counsel; and

3. Whether his conviction was supported by sufficient evidence.

A summary of the facts from the record most favorable to the state shows that on March 10, 1980, at about 9:30 p.m., a black

Page 697

man entered the Citgo Quick Mart in South Bend, Indiana, and pointed a gun at the cashier, Ann Stoetzel. He ordered her to give him all of the money in the cash register and not to press the silent alarm. Stoetzel complied with these orders. Then defendant turned to another woman who was in the store, Susan Bazyk, and told her to give him the keys to her truck which was parked outside. Bazyk handed him the keys and the man took the money and the keys, ran out the door, and drove off in the truck. The man was wearing a stocking cap pulled over part of his face but his eyes and mouth were visible. Both victims were able to positively identify defendant as the perpetrator of the crime from a series of photographs which each viewed separately. Both women had been able to give a detailed description to the police of the robber's appearance subsequent to the crime.

I.

Defendant first contends that the trial court abused its discretion in limiting the scope of the recross examination of the witness, Susan Bazyk. During the cross and recross-examinations of this witness, several questions were asked about the photographic display which she was shown on March 25, 1980. The questioning probed her recollection of that event. Then defendant asked the witness whether the police had ever conducted a live lineup. The state objected that this question was outside the scope of the redirect examination and this objection was sustained.

It is well settled that the scope of cross-examination is limited to the subject matter covered in direct examination and the scope of recross-examination is limited to the scope of redirect examination. Dean v. State, (1980) Ind., 398 N.E.2d 1270; Skaggs v. State, (1973) 260 Ind. 180, 293 N.E.2d 781; Potter v. State, (1971) ...

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16 practice notes
  • Plan-Tec, Inc. v. Wiggins, PLAN-TE
    • United States
    • Indiana Court of Appeals of Indiana
    • 11 Enero 1983
    ...the scope of cross-examination is limited to the subject matter covered in direct examination...." Walker v. State, (1982) Ind., 442 N.E.2d 696; Dean v. State, (1980) Ind., 398 N.E.2d 1270, 1272. As no testimony on direct examination covered social security benefits, the court did not ......
  • Gajdos v. State, No. 383S81
    • United States
    • Indiana Supreme Court of Indiana
    • 30 Abril 1984
    ...whether there is substantial evidence of probative value to support the conclusion of the trier of fact. Walker v. State, (1982) Ind., 442 N.E.2d 696; Fielden v. State, (1982) Ind., 437 N.E.2d The defendant argues that the state failed to establish that he acted intentionally or knowingly, ......
  • Corder v. State, No. 483
    • United States
    • Indiana Supreme Court of Indiana
    • 20 Agosto 1984
    ...whether there is substantial evidence of probative value to support the conclusion of the trier of fact. Walker v. State, (1982) Ind., 442 N.E.2d 696; Fielden v. State, (1982) Ind., 437 N.E.2d Defendant's contention regarding the murder conviction is that the evidence failed to show that he......
  • Baker v. State , No. 89S01–1109–CR–543.
    • United States
    • 12 Junio 2012
    ...We do not reweigh the evidence or judge the credibility of witnesses. McHenry v. State, 820 N.E.2d 124, 126 (Ind.2005); Walker v. State, 442 N.E.2d 696, 698 (Ind.1982). These evaluations are for the trier of fact, not appellate courts. In essence, we assess only whether the verdict could be......
  • Request a trial to view additional results
16 cases
  • Plan-Tec, Inc. v. Wiggins, PLAN-TE
    • United States
    • Indiana Court of Appeals of Indiana
    • 11 Enero 1983
    ...the scope of cross-examination is limited to the subject matter covered in direct examination...." Walker v. State, (1982) Ind., 442 N.E.2d 696; Dean v. State, (1980) Ind., 398 N.E.2d 1270, 1272. As no testimony on direct examination covered social security benefits, the court did not ......
  • Gajdos v. State, No. 383S81
    • United States
    • Indiana Supreme Court of Indiana
    • 30 Abril 1984
    ...whether there is substantial evidence of probative value to support the conclusion of the trier of fact. Walker v. State, (1982) Ind., 442 N.E.2d 696; Fielden v. State, (1982) Ind., 437 N.E.2d The defendant argues that the state failed to establish that he acted intentionally or knowingly, ......
  • Corder v. State, No. 483
    • United States
    • Indiana Supreme Court of Indiana
    • 20 Agosto 1984
    ...whether there is substantial evidence of probative value to support the conclusion of the trier of fact. Walker v. State, (1982) Ind., 442 N.E.2d 696; Fielden v. State, (1982) Ind., 437 N.E.2d Defendant's contention regarding the murder conviction is that the evidence failed to show that he......
  • Baker v. State , No. 89S01–1109–CR–543.
    • United States
    • 12 Junio 2012
    ...We do not reweigh the evidence or judge the credibility of witnesses. McHenry v. State, 820 N.E.2d 124, 126 (Ind.2005); Walker v. State, 442 N.E.2d 696, 698 (Ind.1982). These evaluations are for the trier of fact, not appellate courts. In essence, we assess only whether the verdict could be......
  • Request a trial to view additional results

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