History
  • No items yet
midpage
Johnny Lynn Langston v. State of Indiana (mem. dec.)
90A02-1703-CR-663
| Ind. Ct. App. | Aug 18, 2017
Read the full case

Background

  • Defendant Johnny Lynn Langston, the step-grandfather of two sisters (K.P., b.1996; F.S., b.2001), was charged with multiple counts of child molesting and sexual misconduct based on abuse spanning years; one victim lived in his home and considered him a father figure.
  • Allegations included oral kissing, digital and manual sexual contact, and intercourse; victims were told to keep the abuse secret.
  • F.S. reported abuse to Department of Child Services in Feb 2016; K.P. later disclosed similar earlier abuse; police investigation joined the reports.
  • The State charged Langston with one Class A felony, three Class C felonies, two Level 4 felonies, and two Level 5 felonies, and sought habitual-offender enhancement; Langston moved to sever charges between the two victims, which the trial court denied.
  • A jury convicted Langston on all counts; he admitted habitual-offender status. The trial court sentenced him to an aggregate 79-year term (40 years for Class A + 30-year habitual enhancement, plus additional consecutive and concurrent terms). Langston appealed, arguing erroneous denial of severance and an inappropriate sentence.

Issues

Issue Plaintiff's Argument (State) Defendant's Argument (Langston) Held
Whether the trial court erred by denying motion to sever charges between the two victims Charges were properly joined because offenses were connected by a common relationship, method, motive, and overlapping investigation and evidence Joinder prejudiced defense; offenses involved different victims and should have been tried separately as of right Court affirmed denial: offenses were sufficiently connected (modus operandi, relationship, overlapping investigation) so severance not required
Whether the aggregate 79-year sentence is inappropriate under Ind. App. Rule 7(B) Sentence is appropriate given the serious, repeated sexual abuse of minors, breach of trust, and defendant's criminal history including prior felonies and probation violations Sentence is excessive in light of nature/character; less severe term warranted Court affirmed sentence: gave substantial deference to trial court; nature of offenses and defendant's poor character justified the sentence

Key Cases Cited

  • Pierce v. State, 29 N.E.3d 1258 (Ind. 2015) (common modus operandi and relationship can link crimes against different victims for joinder)
  • Brown v. State, 650 N.E.2d 304 (Ind. 1995) (reversal for improper denial of severance requires showing actual trial prejudice)
  • Knapp v. State, 9 N.E.3d 1274 (Ind. 2014) (appellate review of sentence under Rule 7(B) gives substantial deference to trial court)
  • Chambers v. State, 989 N.E.2d 1257 (Ind. 2013) (appellate role in revising sentences is limited to leavening outliers)
  • Turnpaugh v. State, 521 N.E.2d 690 (Ind. 1988) (common relationship between defendant and victims can justify joinder)
  • Heinzman v. State, 895 N.E.2d 716 (Ind. Ct. App. 2008) (overlapping evidence from related victims can support joined prosecution)
  • Booker v. State, 790 N.E.2d 491 (Ind. Ct. App. 2003) (employment/caretaker relationship linking multiple victims supports joinder)
Read the full case

Case Details

Case Name: Johnny Lynn Langston v. State of Indiana (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Aug 18, 2017
Docket Number: 90A02-1703-CR-663
Court Abbreviation: Ind. Ct. App.