Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). . United States v. Smith, 80 F.3d 1188, 1193 (7th Cir.1996) (internal quotation marks omitted). . United States v. York, 933 F.2d 1343, 1353-54 (7th Cir. The State also claims that any prejudice to Thompson was offset by a limiting instruction to the jury to constrain its consideration of prior acts to the issue of identity. The defense argued that the court's pretrial ruling permitted evidence that the gun allegedly used to kill Hillis and Beeler had been taken from Crandall when he was killed, and nothing more. Join Facebook to connect with Jerry Thompson Thompson and others you may know. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. . The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. The list of "other purposes" in the Rule is not exhaustive; extrinsic act evidence may be admitted for any purpose not specified in Rule 404(b) unless precluded by, the first sentence of Rule 404(b) or any other Rule. There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. In its effort to prove guilt, the State may not "flood the courtroom" with unnecessary and prejudicial details of prior criminal conduct merely because some of that evidence is relevant and admissible. SHEPARD, C.J., concurs with separate opinion. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. Indeed, the prohibition on use of prior misconduct to prove a criminal charge is a basic tenet of criminal evidence law older than the republic itself. Lannan, 600 N.E.2d at 1338. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. Percy's credibility was critical to the State's case. Hardin v. State, 611 N.E.2d 123, 129 (Ind.1993). After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. Because the effect of this testimony on the jury was at best speculative, and likely negligible in light of the more inflammatory evidence presented related to Crandall's murder, we see no basis for reversal on this point. A. Inexplicably, Featheringill was also permitted to relate Percy's account of an execution style shooting.10 The fact that Crandall was killed, and how that occurred, was potentially as prejudicial as any fact can be and had no bearing on whether Thompson stole the murder weapon from Crandall that day. 492, 355 N.E.2d 843 (1976), however, stand for nothing more than what we have already concluded was permissible-a showing, with reasonable factual context, of access to the murder weapon. for the killing of the man from whom this gun was taken." Jerry Thompson Obituary (1954 - 2020) | Sweetwater, Tennessee - Echovita AT THE TIME, THOMPSON WAS ON DIRECT APPEAL FROM HIS DEATH SENTENCE FOLLOWING A RETRIAL IN MARION COUNTY. The serial numbers on the handgun were ground off. III. Observing that Thompson had challenged Percy's credibility in opening arguments, the State maintained that some detail was needed to give the jury "sufficient context" in which to understand, and therefore credit, Percy's testimony about how Thompson acquired the gun used to kill Hillis and Beeler. Bone.. Looks. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. Without that knowledge it is impossible to conclude what, if any, validation of Percy the conviction represents. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. But, the acts that [Thompson] committed up there, as they related to his case are proof of his guilt here; that's the whole reason you were able to hear it. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined, was the weapon used to kill Hillis and Beeler. Thompson v. State :: 1996 :: Supreme Court of Indiana Decisions See, e.g., Swain v. State, 647 N.E.2d 23 (Ind. . Douglas Percy Thompson Born: 3 . Select this result to view Jerry Wayne Thompson's phone number, address, and more. In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a ".22 derringer" that was sold to a third party. When this mandate is observed, the conviction will not be disturbed. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir.1987) (in prosecution for unlawful gun possession, recorded conversation between a police informant and the defendant about sale of the gun was properly admitted, but it was error to admit subsequent exchange on the same tape concerning unrelated drug sale). He did not break 510, 130 pound Wesley Crandall's neck. A friend of Percy's, Mike Featheringill, testified that Percy told him that "[Percy] went over to this drug dealer's house, and they were going to purchase some marihuana, and . Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. At oral argument in this Court, the State contended that these details, which were partially corroborated by other witnesses as explained below, were admissible to show Percy's credibility. The fact of Thompson's conviction for murdering Crandall was wholly irrelevant to establishing his access to the murder weapon. Jerry Thompson in Portland, OR - Address & Phone Number - Whitepages doug percy jerry thompson - edrobd.org Despite Thompson's actions linking the separate events, the jury was impermissibly left with the "reverberating clang" of the Crandall murder ringing in its ears, United States v. Merriweather, 78 F.3d 1070, 1077 (6th Cir. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a .22 derringer that was sold to a third party. 285, 102 L.Ed.2d 265 (1988). Resides in Mead, WA. The fact that Crandall died and the fact that Thompson was convicted of his murder did not bear on any aspect of Percy's credibility because Percy did not testify to either subject. They met Mr. Crandall in his home in New Castle; they conducted their business, and when it came time to leave, they didn't leave. Percy Femur is a character who appears only in the episodes "Doug Saves Roger", "Doug's Big Feat", and "Doug's Hoop Nightmare".He is the maternal nephew of Mr. In a hearing outside the presence of the jury, the State asserted that proof of the conviction was relevant to show identity and because Percy's credibility had been attacked. It also placed Percy himself at each of these crime scenes. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind.1989) (testimony concerning prior robbery was admissible in murder trial because the defendant had stolen the same type of pistol used to kill the victim); United States v. Day, 591 F.2d 861 (D.C.Cir.1978) (evidence of prior robbery was properly allowed where the murder weapon was taken during the robbery and was later found in the house where the defendant was arrested).9 The issue, however, is whether that discretion was abused in the quantity and quality of the evidence admitted to corroborate Percy's testimony on this collateral point. Copyright 2023, Thomson Reuters. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind. He went to elementary school in Solvang and graduated from Santa Barbara High School in 1976. Because we conclude that the extensive evidence of the prior crime was inadmissible under Indiana Evidence Rules 402, 403, and 404(b), and denied Thompson a fair trial, we reverse the convictions and remand for a new trial. You can explore additional available newsletters here. As a result, the decision to admit evidence of Thompson's access to the gun, and the State's offer of corroborative evidence to support Percy's version of the events in New Castle, was within the trial court's discretion. . Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind.1993). Lannan v. State, 600 N.E.2d 1334 (Ind.1992). However, Thompson conceded in his second motion that the State was entitled to show that Thompson had access to or control over the weapon used to commit the murders of Hillis and Beeler. He claimed this was sufficiently proved by the undisputed evidence that the murder weapon was found when Percy and Thompson were stopped by Illinois state police three months after Hillis and Beeler were killed. The exception's rationale is that the crimes, or means used to commit them, were so similar and unique that it is highly probable that the same person committed all of them. Evidence Rule 801(d)(1)(B), corroborative proof is limited by several considerations: (1) whether the challenged witness actually testified to what is sought to be corroborated; (2) whether the corroboration helps prove a material fact (relevance); and (3) whether the corroborative evidence, assuming it is relevant, is nonetheless so prejudicial that it must be excluded under Evidence Rule 403. doug percy jerry thompson. Evidence is sufficient if the probative evidence and reasonable inferences drawn from the evidence could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Counsel contended that the evidence was entirely consistent with Percy's having committed the murders and that his testimony has been bought and paid for, a number of ways and as such is suspect.. Ostrowsky, 501 F.2d at 324. The State then suggested that because the jury in the Crandall murder trial had apparently credited Percy's testimony, the same should be done here: "[Percy] was scrutinized in New Castle and in Henry County, by that Jury; and they returned a conviction . Jerry D. Thompson - Wikipedia Jerry Thompson - Facebook 3 Friends and Jerry/Thomas | Scratchpad | Fandom Sometime after that 2 retarded men were coerced into admitting that they killed Wesley Crandall, were convicted; they went to prison, and but, for Doug Percy coming forward, they would probably still be there. The admissibility of the Crandall murder evidence was contested from the outset. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. 1997). at 321, were unfairly prejudicial and required a new trial. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. 6. The State's fallback position, advanced at oral argument in this Court, is that all evidence related to the Crandall murder was properly admitted because Percy's credibility was under attack. You are here: cape breton post latest obits; david caruso art business; doug percy jerry thompson . doug percy jerry thompson. The convictions must be reversed because a "fair trial is required for every defendant, regardless of his apparent guilt or the magnitude of the crimes he may have committed." The well established rationale behind Evidence Rule 404(b) is that the jury is precluded from making the forbidden inference that the defendant had a criminal propensity and therefore engaged in the charged conduct.
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