Douglas Percy. It could be argued that the evidentiary errors during the guilt phase were therefore harmless. 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. These criteria mirror Evidence Rules 401, 402, 403, and 404(b). These criteria mirror Evidence Rules 401, 402, 403, and 404(b). [2] 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. [1] He is a prolific author of books on a variety of related topics, specializing in the American Civil War, the history of the Southwestern United States, and Texas history. The issue is raised sua sponte to emphasize what Brewer and Evans made clear as to how prospective jurors should be instructed on aggravating circumstances in capital cases. When Featheringill was asked about the events in New Castle, the defense objected on hearsay grounds. at 368, 417 N.E.2d at 906. . I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. 1995). Join Facebook to connect with Jerry Thompson Thompson and others you may know. 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. And, who does [the State] say was in Illinois in June of 1991, when [Thompson] was stopped by [Illinois police]? There is no doubt that Percy's credibility was critical to the State's case. 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 Jerry shot the drug dealer with a shotgun, execution style.8 These witnesses actually added to Percy's account, rather than merely corroborating it, because Percy testified only that he assumed Thompson had shot Crandall in the head. The details of the prior murder were irrelevant Because the State alleged that Thompson stole the murder weapon from Crandall and subsequently used it to kill Hillis and Beeler, the theft of the gun was relevant to this trial. Ind.Code 35-50-2-9(b)(1) (Supp.1990). Related To Andrea Thompson, Eric Thompson, Lloyd Thompson, Amanda Thompson, Brandy Thompson. 6. Thompson's contention is meritless. Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.See footnote 7, On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. 1993). This cause is remanded for a new trial. Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. Their BuildZoom score of 92 ranks in the top 32% of 55,949 Colorado licensed contractors. See Part I supra. Loveless v. State, 240 Ind. Percy's testimony about the Crandall murder was thus introduced to prove an important element of the State's case-that Thompson had access to the murder weapon before the killings at Hillis Auto Sales. As noted, the extraneous Crandall murder evidence was not admissible for this purpose. ." Unnecessary and inflammatory detail may require reversal. These authorities, e.g., Maldonado v. State, 265 Ind.
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