Anthony D. Gorman v. State of Indiana
2012 Ind. App. LEXIS 282
| Ind. Ct. App. | 2012Background
- Two robbers, a man and a woman, robbed Byron and Samantha Daniels at their car; gun pointed at Byron’s temple; victims surrendered money and jewelry.
- Samantha later identified Gorman from a photo array as the robber; Byron could not positively identify him.
- Gorman was charged with two counts of Class B felony robbery while armed with a deadly weapon.
- At a bench trial, Samantha testified she was ‘a hundred percent’ certain Gorman was the robber; Byron’s identification was not affirming.
- The court convicted Gorman on both counts; appeal follows challenging identification evidence and weapon-possessed evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Samantha’s identification sufficient evidence of guilt? | Samantha’s identification was unequivocal. | Identifications from a sole eyewitness require corroboration. | Yes; unequivocal sole eyewitness identification suffices. |
| Is there sufficient evidence that a deadly weapon was used? | Witness testimony showed a handgun; weapon not required to be recovered. | Descriptions were inconsistent and the weapon was not recovered. | Yes; evidence supports that Gorman was armed with a deadly weapon. |
Key Cases Cited
- Richardson v. State, 270 Ind. 566 (1979) (unambiguous sole eyewitness identification can sustain a conviction)
- Scott v. State, 871 N.E.2d 341 (Ind. Ct. App. 2007) (equivocal identifications require corroboration)
- Perry v. New Hampshire, 132 S. Ct. 716 (2012) (prescreening eyewitness reliability not required by due process)
- Woodson v. State, 961 N.E.2d 1035 (Ind. Ct. App. 2012) (eyewitness reliability concerns; trial court credibility assessment key)
- Patterson v. New York, 432 U.S. 197 (1977) (due process not require exhaustive steps to prevent wrongful conviction)
- Gray v. State, 903 N.E.2d 940 (Ind. 2009) (possession of a weapon can be proven by testimony that defendant used what appeared to be a gun)
- Harvey v. State, 542 N.E.2d 198 (Ind. 1989) (witness testimony that a weapon was used can prove deadly weapon possession)