George Moss v. State of Indiana
13 N.E.3d 440
Ind. Ct. App.2014Background
- In April 2013 Moss arranged a meeting with roommate Potenza (to buy marijuana) that brought Moss, accomplice Ruffin, and Potenza together; Ruffin held Potenza at gunpoint, forced entry to Potenza and Peterman’s house, robbed them, and shot Peterman in the leg.
- Moss drove the vehicle, retrieved the garage-door opener, entered the home, handled Peterman’s clothing/cooler (from which Ruffin took property), and later disclosed the location of a stolen handgun to police.
- Moss was charged with burglary (reduced to Class B), two robberies (Class A and Class B), criminal confinement (reduced to Class D), and carrying a handgun without a license (Class C); bench trial resulted in convictions on all counts.
- Defense asserted duress at trial; Moss testified Ruffin threatened to kill him and compelled his participation.
- Defense sought after closing to reopen the case to admit a transcript of Peterman’s hospital statement (purportedly showing Ruffin pointed the gun at Moss); trial court refused to reopen because all impeachment material had already been covered and the transcript would be cumulative/hearsay.
- Trial court sentenced Moss to advisory terms with Counts II and III consecutive, yielding an aggregate forty-year sentence; Moss appealed both the refusal to reopen and the aggregate sentence.
Issues
| Issue | Moss's Argument | State's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by refusing to reopen case to admit Peterman’s transcript | Reopen to admit transcript showing Peterman previously said Ruffin pointed gun at Moss (supports duress) | Transcript was hearsay/impeachment only; defense already explored prior statement on the record; reopening after close would be cumulative and prejudicial | No abuse of discretion; transcript was hearsay/impeachment and cumulative, so refusal to reopen was proper |
| Whether aggregate 40-year sentence is inappropriate under App. R. 7(B) | Sentence excessive given Moss’s passive role; argued sentences should run concurrently to total 30 years | Moss instigated and set up the meeting, knew Ruffin had a loaded gun, drove the parties to the house; extensive criminal history warrants sentence | Sentence not inappropriate; nature of offense (instigation, facilitation, serious injury) and extensive criminal history justify aggregate 40 years |
Key Cases Cited
- Ford v. State, 523 N.E.2d 742 (Ind. 1988) (standards and factors for trial court reopening evidence)
- Young v. State, 746 N.E.2d 920 (Ind. 2001) (prior inconsistent statements ordinarily admissible only for impeachment)
- Brown v. State, 10 N.E.3d 1 (Ind. 2014) (appellate review under Rule 7(B) and framework for revising sentences)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (sentencing is principally discretionary and trial court deference)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (appellant bears burden to show sentence inappropriate)
- Boling v. State, 982 N.E.2d 1055 (Ind. Ct. App. 2013) (weight of criminal history in assessing character)
- Rutherford v. State, 866 N.E.2d 867 (Ind. Ct. App. 2007) (relation of prior offenses to current offense in character assessment)