Donald Richardson v. State of Indiana (mem. dec.)
49A05-1612-CR-2671
| Ind. Ct. App. | Jul 31, 2017Background
- In August 2013, D onald Richardson forced C.B. at gunpoint from her parked car (with her infant inside), drove her to another lot, and compelled oral and vaginal sex; C.B. escaped and later identified Richardson; DNA linked him to the assault.
- Richardson was arrested in May 2014, given Miranda warnings, signed a waiver, and made statements in a videotaped police interview including "I did her."
- The State charged nine counts including Class A felony rape and criminal deviate conduct, Class B carjacking, and later alleged habitual offender status; jury convicted on criminal deviate conduct (A), rape (A), sexual battery (C), and carjacking (B); habitual offender finding entered.
- Before trial Richardson moved to exclude his interview statements as involuntary/unreliable due to prior concussion, manic depression, and intoxication; the trial court denied the motion after a hearing.
- At sentencing the court imposed 40 years for criminal deviate conduct, 40 years for rape (with a 30-year habitual-offender enhancement reflected within a 70-year total on that count), and 10 years for carjacking, to run concurrent (aggregate 70 years) and remanded for clarification of the written sentencing order.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Richardson) | Held |
|---|---|---|---|
| Whether Richardson's statements to police were admissible | Statements were knowingly and voluntarily given after Miranda waiver; admissible and probative | Statements involuntary/unreliable because of concussion, manic depression, and intoxication; unduly prejudicial under Evid. R. 403 | Trial court's voluntariness finding supported by substantial evidence; statements admitted; no Rule 403 exclusion |
| Whether 70-year aggregate sentence is inappropriate | Sentence fits severity, prior record, and trial court's weighing of aggravators over mitigators | Sentence is excessive given lack of physical injury, absence of weapon convictions, and mitigating factors (employment, education, mental/brain issues) | Sentence not inappropriate given offense nature and defendant's extensive, escalating criminal history |
Key Cases Cited
- Page v. State, 689 N.E.2d 707 (Ind. 1997) (police misconduct principle underlying voluntariness analysis)
- Weisheit v. State, 26 N.E.3d 3 (Ind. 2015) (State bears burden to prove voluntariness beyond a reasonable doubt)
- Wilkes v. State, 917 N.E.2d 675 (Ind. 2009) (totality of circumstances test for voluntariness)
- Pruitt v. State, 834 N.E.2d 90 (Ind. 2005) (intoxication/mental illness do not render statements inadmissible per se)
- Owens v. State, 754 N.E.2d 927 (Ind. 2001) (confession inadmissible if defendant so intoxicated or impaired as to be unconscious or in mania)
- Scalissi v. State, 759 N.E.2d 618 (Ind. 2001) (intoxication and sleep deprivation are relevant to voluntariness)
- Banks v. State, 2 N.E.3d 71 (Ind. Ct. App. 2013) (factors like intoxication considered in voluntariness inquiry)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (appellate deference to trial court sentencing decisions)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (defendant bears burden to show sentence inappropriate)