Granger v. State
946 N.E.2d 1209
Ind. Ct. App.2011Background
- Granger was convicted of five counts of Child Molesting (Class A), three counts (Class C), and one count of Child Solicitation (Class D).
- A warrant authorized seizure of evidence relating to child molesting/solicitation, mentioning a vibrator, Nuva Ring, and condoms; police seized additional items beyond the warrant scope.
- Motion to suppress the seizure was denied; items were admitted at trial over objections.
- During trial, the State presented the seized items to corroborate victims’ testimony; the jury convicted Granger on all counts and a sixty-year aggregate sentence was imposed.
- Granger challenged the admissibility and display of some evidentiary items and later argued the sentence was inappropriate under Appellate Rule 7(B).
- The Court of Appeals affirmed in part, reversed in part, and remanded; it reduced the aggregate sentence to fifty years with ten years suspended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of items not listed in the warrant | Granger argues plain view and warrant limits were violated. | Granger contends unlisted items were inadmissible and prejudicial. | Some items were admitted harmlessly; others were improperly admitted but harmless overall. |
| Relevance and foundation of seized items and photographs | Items and photos linked to Granger and the crimes; relevance established. | Initial lack of connection; insufficient foundation and potential prejudice. | Relevance and foundation ultimately supported admission for several items; some items remained improperly admitted but harmless. |
| Display of evidence during trial | Continued display of exhibits strengthened the State’s portrayal. | Unobjected display was prejudicial and improper. | Waiver due to lack of objection; error deemed harmless. |
| Sentence appropriateness under Appellate Rule 7(B) | Aggregate sixty-year sentence appropriate given multiple victims. | Sentence is excessive given Granger’s character and lack of prior record. | Aggregate fifty-year sentence with ten years suspended affirmed. |
Key Cases Cited
- Daniels v. State, 683 N.E.2d 557 (Ind. 1997) (plain view requires probable cause to believe evidence will help solve the crime)
- Jones v. State, 783 N.E.2d 1132 (Ind. 2003) (plain view, three-pronged test)
- Hooper v. State, 443 N.E.2d 822 (Ind. 1983) (foundation for admission of physical evidence; testimony to identification)
- Wray v. State, 547 N.E.2d 1062 (Ind. 1989) (trial court broad discretion in foundation and relevance)
- Franciose v. Jones, 907 N.E.2d 139 (Ind. Ct. App. 2009) (conditions for admitting evidence and connecting up later; harmless when not struck)
- Rafferty v. State, 610 N.E.2d 880 (Ind. Ct. App. 1993) (discusses prejudicial exhibits and credibility consequences; distinguishing facts)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (sentencing discretion; appellate review of sentences)
- Reid v. State, 876 N.E.2d 1114 (Ind. 2007) (framework for independent appellate review of sentences)