Delarosa v. State
938 N.E.2d 690
| Ind. | 2010Background
- Bodies of Rebecca Payne and George Benner found April 5, 2007 in Rebecca's Home Place home.
- Delarosa, Lucio, and Duckworth were identified as suspects; Delarosa lived in Zionsville.
- Search of Delarosa's bedroom yielded dark clothing, gloves, a Rebecca door key, and a rag smelling of solvents; two keys were found on Lucio.
- Luci o and Duckworth testified; Cassada and Tamayo testified; Duckworth testified under plea agreement; Cassada granted use immunity.
- Jury convicted Delarosa of two counts of murder and conspiracy to commit murder; trial court sentenced LWOP for murders and 50 years for conspiracy, to be served consecutively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hearsay evidence admitted regarding statements by co‑conspirators | Delarosa argues admission of Lucio's and Duckworth's statements to Cassada/Tamayo was fundamental error. | Delarosa contends statements were improperly admitted as hearsay and not within conspiracy scope. | No fundamental error; no due process violation; evidence corroborated by other witnesses and records. |
| Prosecutorial misconduct in closing arguments | State allegedly commented on Delarosa's silence and used impermissible insinuations. | Objection raised; statement amounted to implied silence inference. | Not reversible error; conduct not sufficient to warrant fundamental error. |
| Sufficiency of the evidence for murder convictions | Evidence showed Delarosa participated in planning and shooting; corroborated by phone records, statements, and physical evidence. | Presence at the scene insufficient to convict; others could have committed the murders. | Evidence was sufficient to support two murder convictions. |
Key Cases Cited
- Jackson v. State, 735 N.E.2d 1146 (Ind.2000) (waiver rules for contemporaneous objections; fundamental error review available)
- Brown v. State, 929 N.E.2d 204 (Ind.2010) (fundamental error exception extremely narrow)
- Smith v. State, 459 N.E.2d 355 (Ind.1984) (egregious conduct leading to due process violation)
- Moore v. State, 669 N.E.2d 733 (Ind.1996) (self-incrimination and silence inference standards)
- Nicks v. State, 598 N.E.2d 520 (Ind.1992) (attenuated reference to silence not reversible error)
- Robinson v. State, 693 N.E.2d 548 (Ind.1998) (prosecutorial misconduct grave peril framework)
- Willoughby v. State, 660 N.E.2d 570 (Ind.1996) (gravity of peril evaluated by likely jury impact)
- Clark v. State, 915 N.E.2d 126 (Ind.2009) (fundamental error standards in due process)
- Alkhalidi v. State, 753 N.E.2d 625 (Ind.2001) (sufficiency of evidence and circumstantial inference)
- Tobar v. State, 740 N.E.2d 109 (Ind.2000) (standard for reasonable-doubt sufficiency review)
- Mathews v. State, 849 N.E.2d 578 (Ind.2006) (outline of fundamental error framework)