C. The errors were not harmless We cannot conclude that these evidentiary errors were harmless. 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. . Indeed, the jury could have convicted Thompson on Percy's testimony alone. 3. The serial numbers on the handgun were ground off. . A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. Sixty people were indicted in federal court for their roles in a conspiracy to bring heroin from Chicago and Atlanta and sell it throughout Greater Cleveland, law enforcement officials announced . Unnecessary and inflammatory detail may require reversal. Ct. App. Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind.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. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. The Seventh Circuit held that the fact that the possessor had been killed was admissible to prove his lack of consent to the transfer of possession and, therefore, that the car had been stolen from him. Douglas Percy. In this review, we do not reweigh evidence or assess the credibility of witnesses. He worked in the kitchens and as a driver and mechanic. The State again argued that Percy's decision to come forward led to Thompson's conviction for Crandall's murder and the release from jail of two men who had initially pleaded guilty to that crime. Rather, the defense elicited from Percy that he had not been charged with any crime related to those events and that his charge for altering a vehicle identification number was dismissed in exchange for his cooperation in this case. The third result is Douglas Edwin Percy age 60s in Marblehead, MA in the Marblehead neighborhood. There is no doubt that Percy's credibility was critical to the State's case. II. When this mandate is observed, the conviction will not be disturbed. SHEPARD, C.J., concurs with separate opinion. . 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. ." [2] The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. Such evidence is highly prejudicial. Loveless v. State, 240 Ind. Related To Andrea Thompson, Eric Thompson, Lloyd Thompson, Amanda Thompson, Brandy Thompson. Evidence of Prior Uncharged Misconduct. However, the details of the killing, including the cause of death "as being two gunshot wounds in the head," id. I don't think a signature, in quotes, is a required. . In rebuttal, the State replied that the events surrounding the Crandall murder were relevant: The reason it's relevant is because it proves [Thompson's] identity. View the profiles of people named Percy Thompson. 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 charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. As Brewer held, there was no reversible error in informing the jury of that aggravator before the sentencing phase, even if reading any of the charged aggravators is neither necessary nor a desirable practice in capital cases. This cause is remanded for a new trial. This discussion of the Crandall murder followed: [W]hen [Percy] came forward to the Police he insisted that he needed to tell them about something that happened in New Castle, Indiana In February of 1991, [Thompson and Percy] went to New Castle, Indiana, to meet a man by the name of Wesley Crandall. The serial numbers on the handgun were ground off. 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate's prior convictions for rape and sexual assault). However, double jeopardy forbids a retrial-even where the defendant requests it as here-if the reviewing court concludes that the evidence is legally insufficient to support the conviction. Indeed, by the time of closing argument, the State referred to the discrete killings as a circle of criminal conduct for which Thompson should be held responsible. He appeals. Under these circumstances, the errors were not harmless.11 See Wickizer v. State, 626 N.E.2d 795, 800-01 (Ind.1993) (holding that improperly admitted evidence of prior acts was not harmless error where the State emphasized the disputed conduct in its opening and closing arguments); James v. State, 622 N.E.2d 1303, 1309-10 (Ind.Ct.App.1993) (erroneous admission of propensity evidence was not harmless due to prosecutor's steady drumbeat of references to the defendant's prior criminal record, especially in closing arguments). Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. Jerry A Thompson, 80. at 368, 417 N.E.2d at 906. Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired.
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