Esther Martin v. State of Indiana (mem. dec.)
20A05-1605-CR-1016
| Ind. Ct. App. | Jul 14, 2017Background
- Esther Martin cared for brothers B.H. and A.H. at her mother’s in-home daycare; alleged molestation of B.H. began when he was ~6–7 and continued intermittently for years.
- B.H. (then 10) reported the abuse in January 2011; police interviewed Martin after her father told detectives she communicated at about a 12-year-old level.
- Detective Hubbell administered Miranda warnings and conducted an ~80-minute station interview; Martin repeatedly denied sexually initiating contact with B.H. and made limited admissions about inappropriate conduct as a child.
- Psychological testing showed a full-scale IQ of 62 and low intellectual functioning; Martin was found incompetent at one point, committed for restoration, and later deemed competent.
- Charged with two counts of Class A felony child molesting, Martin was convicted by jury and sentenced to consecutive 40-year terms (total 80 years). She appealed the admission of the police interview and the appropriateness of her sentence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Martin) | Held |
|---|---|---|---|
| Admissibility of recorded police interview (Miranda waiver) | Interview voluntary; proper waiver explained and signed | Martin’s low IQ and developmental limitations prevented a knowing, voluntary waiver | Even if admission was error, any Miranda error was harmless beyond a reasonable doubt; convictions affirmed |
| Appropriateness of aggregate 80-year sentence under App. R. 7(B) | Severe, repeated molestations by a caretaker justify consecutive long terms | Mental limitations, lack of criminal history, single victim, no force or injury warrant leniency and concurrent terms | Aggregate 80-year sentence inappropriate; reversed and remanded to impose concurrent 40-year terms (total 40 years) |
Key Cases Cited
- Carter v. State, 730 N.E.2d 155 (Ind. 2000) (totality-of-circumstances test for voluntariness and Miranda waiver)
- Wells v. State, 904 N.E.2d 265 (Ind. Ct. App. 2009) (factors for voluntariness include maturity, education, mental health, interrogation length and setting)
- Rawley v. State, 724 N.E.2d 1087 (Ind. 2000) (harmless-error standard for Miranda violations)
- Alford v. State, 699 N.E.2d 247 (Ind. 1998) (harmless-error analysis guidance)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (appellate review of sentencing procedures and reasons)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (App. R. 7(B) guidance to review aggregate sentence)
- Davidson v. State, 926 N.E.2d 1023 (Ind. 2010) (consideration of aggregate penal consequences on review)
- Filice v. State, 886 N.E.2d 24 (Ind. Ct. App. 2008) (leniency for first-time offenders)
- Serino v. State, 798 N.E.2d 852 (Ind. 2003) (consistency in sentencing among similar offenders)
- Harris v. State, 897 N.E.2d 927 (Ind. 2008) (reduction of consecutive A-felony child-molesting terms where counts involved same victim)
- Tyler v. State, 903 N.E.2d 463 (Ind. 2009) (sentence reduction where multiple counts, mental issues, and no force were present)
- Pierce v. State, 949 N.E.2d 349 (Ind. 2011) (supreme court reduced lengthy aggregate sentence involving repeated molestation of one child)