963 N.E.2d 685
Ind. Ct. App.2012Background
- Griffin killed Don Belton, stabbing him 21 times and slashing his throat after a December 2009 party incident.
- Griffin and Greiwe alleged Belton had assaulted Griffin at the party, leading Griffin to act after Belton allegedly coerced or humiliated him.
- Griffin was charged with murder; the jury was instructed on voluntary manslaughter but not reckless homicide; Griffin was found guilty of murder.
- Griffin was originally sentenced to 55 years with 5 years suspended; Belton’s killing followed Griffin’s admission and statements by Greiwe.
- On appeal, the Indiana Court of Appeals affirmed the conviction but revised the sentence to 45 years, remanding for a sentencing order consistent with the opinion.
- Griffin had a knife on entering Belton’s home, discarded clothing, and fled after the homicide; the State argued the killing was not under sudden heat.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sudden heat negation burden | Griffin argues State failed to negate sudden heat. | Griffin contends defendant acted under sudden heat reducing murder to manslaughter. | State met burden; no sudden heat found. |
| Impeachment testimony admissibility | State improperly impeached Greiwe with prior sexual activity. | Griffin contends improper impeachment evidence was admitted. | No reversible error; objections not properly preserved and testimony not reversible here. |
| Reckless homicide instruction | Griffin requested a reckless homicide instruction as lesser included offense. | Griffin argues court should have instructed on reckless homicide. | No serious evidentiary dispute; instruction properly refused. |
| Sentence appropriateness | Griffin seeks reduction of advisory sentence based on mitigation. | Griffin argues for sentence reduction due to service, conduct, cooperation. | Sentence revised to 45 years; affirmed in part, reversed in part; remanded for sentencing order. |
Key Cases Cited
- Dearman v. State, 743 N.E.2d 757 (Ind. 2001) (defined sudden heat standard for mitigating voluntary manslaughter)
- Stevens v. State, 691 N.E.2d 412 (Ind. 1997) (impetus to kill overwhelms, absent cooling reflection)
- Potts v. State, 594 N.E.2d 438 (Ind. 1992) (insulting taunts alone not enough provocation)
- Perigo v. State, 541 N.E.2d 936 (Ind. 1989) (provocation requirement for manslaughter)
- Earl v. State, 715 N.E.2d 1265 (Ind. 1999) (State not required to negate sudden heat in murder case unless defendant raises it)
- Jackson v. State, 709 N.E.2d 326 (Ind. 1999) (insufficient grounds for reweighing credibility on appeal)
- Wright v. State, 658 N.E.2d 563 (Ind. 1995) (three-step test to determine lesser-included offenses)
- Horan v. State, 682 N.E.2d 502 (Ind. 1997) (denial proper where conduct extreme; no reasoned lesser offense)
- Lyttle v. State, 709 N.E.2d 1 (Ind. 1999) (rejection of reckless homicide instruction when greater offense clearly proven)
- Chanley v. State, 583 N.E.2d 126 (Ind. 1991) (serious evidentiary dispute standard for lesser offenses)
- Reid v. State, 876 N.E.2d 1114 (Ind. 2007) (standards for appellate sentence review under Rule 7(B))
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (deference to trial court sentencing decisions within flexible system)
- Abbott v. State, 961 N.E.2d 1016 (Ind. 2012) (independent appellate review of sentences)
- Fields v. State, 679 N.E.2d 1315 (Ind. 1997) (reckless homicide and murder distinction)
- Etienne v. State, 716 N.E.2d 457 (Ind. 1999) (knowingly kills when aware of high probability of death)