Casey Myers v. State of Indiana (mem. dec.)
19A04-1704-CR-834
Ind. Ct. App.Nov 14, 2017Background
- Defendant Casey Myers and ex-wife Kristen had a volatile relationship with prior threats and a protective order; they reconciled and later separated.
- On Dec. 21, 2015 Myers choked Kristen into unconsciousness, then slashed her throat and stabbed her; she survived but sustained severe, lasting injuries.
- The State charged Myers with Level 1 attempted murder, Level 6 strangulation, two counts of Level 6 intimidation, and Class A misdemeanor domestic battery.
- Myers was present for jury selection but then refused to leave his jail cell during the State’s case-in-chief; jail staff twice daily asked if he wanted to attend and he declined until after the State rested.
- The trial court proceeded in his absence, admitted (1) a Dec. 2014 threatening phone call from Myers to Kristen and (2) an Aug. 2016 jail call from Myers to his mother, and the jury convicted him on all counts.
- Sentencing: trial court imposed 40 years (max) for attempted murder plus consecutive 2-year for one intimidation count, for a 42-year aggregate sentence; Myers appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Myers) | Held |
|---|---|---|---|
| Whether Myers knowingly and voluntarily waived his right to be present when he refused to leave his cell during the State’s case-in-chief | Myers knowingly waived by attending voir dire, being informed trial was underway, and repeatedly refusing jail staff’s offers to attend | Myers did not knowingly/intelligently waive; the court should have made an on-the-record inquiry, forced him to court, or conducted a jail hearing | Court affirmed: implied waiver valid where defendant present for voir dire, refused repeated offers to attend, and later confirmed his refusal on the record |
| Admissibility of Dec. 2014 threatening phone call to victim (Evid. R. 404(b)) | Call shows relationship history, motive, and similarity to charged offense — admissible for non-propensity purposes | Call was too remote and unfairly prejudicial; should be excluded under 404(b) | Court affirmed admission: remoteness not dispositive; threats were similar and probative of motive/relationship |
| Admissibility of Aug. 2016 jail call to defendant’s mother | Call was relevant to motive and heat-of-passion/voluntary manslaughter instruction | Call was irrelevant and unfairly prejudicial | Court found Myers waived the objection by counsel’s “no objection”; alternatively, call was admissible as relevant and not overly prejudicial |
| Appropriateness of 42-year aggregate sentence under App. R. 7(B) | Sentence appropriate given brutal nature of offense and defendant’s character and criminal history | Sentence inappropriate/severe relative to mitigation (defendant’s military service, claimed remorse) | Court affirmed: sentence within statutory range and justified by severity of attack and poor character evidence |
Key Cases Cited
- Lampkins v. State, 682 N.E.2d 1268 (Ind. 1997) (defendant may waive right to be present; trial in absentia where waiver is knowing and voluntary)
- Taylor v. United States, 414 U.S. 17 (1973) (defendant cannot prevent trial by disruptive or obstructive conduct)
- Illinois v. Allen, 397 U.S. 337 (1970) (court may continue trial despite defendant’s disruptive conduct)
- Hicks v. State, 690 N.E.2d 215 (Ind. 1997) (remoteness of other-act evidence is a factor but not dispositive under Evid. R. 404(b))
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (appellate review of sentence under App. R. 7(B))
- Harrison v. State, 707 N.E.2d 767 (Ind. 1999) (example of on-the-record telephonic inquiry to custodial defendant when refusing to attend proceedings)