Edward Lee Jackson v. State of Indiana
2012 Ind. App. LEXIS 484
| Ind. Ct. App. | 2012Background
- Jackson was convicted of murder and attempted murder in Vanderburgh Circuit Court and appeals the convictions.
- He had an on-and-off eight-to-nine-year relationship with Rosalie Clark Myers and lived with her at times.
- In March 2011, Jackson forcibly entered Rosalie’s Inn room, engaged in violence after an evening of alcohol and drugs, and stabbed Rosalie and Devine.
- DNA analysis linked Devine to the major blood DNA profile on the knife; Jackson’s DNA matched on his clothing.
- State’s Exhibit 14(K), an autopsy photograph of Devine’s heart, was admitted over objection to illustrate the pathologist’s testimony about cause of death.
- Jackson pleaded guilty to a habitual offender enhancement after trial; sentencing resulted in concurrent 60-year murder and 40-year attempted murder sentences, plus a 30-year habitual offender enhancement for a total of 90 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of autopsy photo unfair prejudice | Jackson argues 14(K) inflamed jurors with graphic detail. | State contends photo was necessary to prove cause of death. | Exhibit was admissible; probative value outweighed prejudice. |
| Habitual offender plea as mitigating factor | Jackson asserts willingness to plead guilty to habitual offender should mitigate. | Trial court did consider the plea; weight not reviewable; abuse not shown. | No abuse; sentencing discretion proper; plea weight not reversible error. |
Key Cases Cited
- Corbett v. State, 764 N.E.2d 622 (Ind. 2002) (abuse-of-discretion standard for admitting evidence)
- Byers v. State, 709 N.E.2d 1024 (Ind. 1999) (photographic evidence admissibility framework)
- Amburgey v. State, 696 N.E.2d 44 (Ind. 1998) (photo admissibility and prejudicial outweighing probative value)
- Swingley v. State, 739 N.E.2d 132 (Ind. 2000) (altered-body photos; probative value vs. prejudice)
- Turben v. State, 726 N.E.2d 1245 (Ind. 2000) (gruesome photos may be improper if prejudicial)
- Loy v. State, 436 N.E.2d 1125 (Ind. 1982) (avoid imputing pathologist’s handiwork to accused)
- Payne v. State, 854 N.E.2d 7 (Ind. Ct. App. 2006) (harmless-error standard for evidentiary rulings)
- Combs v. State, 895 N.E.2d 1252 (Ind. Ct. App. 2008) (harmlessness inquiry for evidentiary errors)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (requirements for sentencing statements and factors)
- Fentress v. State, 702 N.E.2d 721 (Ind. 1998) (habitual offender enhancements and sentencing)
- Gellenbeck v. State, 918 N.E.2d 712 (Ind. Ct. App. 2008) (scope of appellate review of sentencing decisions)
- Morales v. State, 749 N.E.2d 1260 (Ind. Ct. App. 2001) (harmlessness standard in evidentiary review)