Lane G. Dodson v. State of Indiana (mem. dec.)
50A03-1702-CR-363
| Ind. Ct. App. | Oct 3, 2017Background
- In December 2014 Lane G. Dodson beat and threatened his wife Heather in front of children, pointed a semi-automatic pistol at her head, and later threatened Justin Pointon; Heather later reported the assaults.
- Police became involved after a separate pistol assault on Pointon; while officers were searching for Dodson, Trooper Ennis stopped Dodson’s van and officers approached.
- Dodson drew a firearm, shot at Officer Matt Emmenhiser, and officers returned fire; Dodson was wounded and arrested. Video from a patrol car captured part of the encounter.
- The State charged Dodson with attempted murder of Officer Emmenhiser, intimidation of Heather, two counts of domestic battery of Heather, and battery of Pointon; a jury convicted on all counts except the Pointon battery charge.
- Prior to trial the prosecutor gave notice under Evidence Rule 404(b) of intent to introduce evidence of Dodson’s prior violent relationship with Heather; Dodson did not object at trial and now appeals.
- At sentencing the trial court found mitigating factors (minimal criminal history, low risk of re-offense) and aggravators (unprovoked shooting at police, lack of remorse) and imposed an aggregate 35-year sentence; Dodson appeals admission of relationship evidence, failure to sever, and sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of evidence about defendant’s relationship with victim | State: prior violent acts relationship evidence was relevant to motive and nature of crimes and admissible under Rule 404(b) | Dodson: testimony that he was controlling and that others suspected past abuse was improper 404(b) evidence and prejudicial | Court: Evidence was admissible to show relationship and motive; no fundamental error and defendant waived ordinary objection by not objecting at trial |
| Failure to sever battery/intimidation counts from attempted murder | State: joinder proper; no timely severance motion made by defendant | Dodson: counts should have been severed because joinder prejudiced his defense on attempted murder | Court: Issue waived—Dodson never moved to sever before trial; appellate review forfeited |
| Sentencing — sufficiency/detail of sentencing statement | State: sentencing statement identified aggravators and mitigators and was supported by record | Dodson: court’s oral statement lacked reasonable detail; improperly considered use of firearm and plea of innocence as aggravators; failed to weigh mitigators | Court: Statement was reasonably detailed; aggravators (unprovoked shooting at officers; lack of remorse shown by blaming police despite video) were proper; weight of mitigators not reviewable |
Key Cases Cited
- Speybroeck v. State, 875 N.E.2d 813 (Ind. Ct. App. 2007) (standard for reviewing admission of evidence)
- Treadway v. State, 924 N.E.2d 621 (Ind. 2010) (waiver of evidentiary objections absent fundamental error)
- Halliburton v. State, 1 N.E.3d 670 (Ind. 2013) (narrow scope of fundamental-error doctrine)
- Hicks v. State, 690 N.E.2d 215 (Ind. 1997) (prior bad acts admissible to show relationship and motive under Rule 404(b))
- Spencer v. State, 703 N.E.2d 1053 (Ind. 1999) (prior violent acts admissibility in battery/murder contexts)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (requirements for sentencing statement and appellate review of sentencing)
- Lemos v. State, 746 N.E.2d 972 (Ind. 2001) (distinguishing use of weapon as element from nature/circumstance as aggravator)
- Deane v. State, 759 N.E.2d 201 (Ind. 2001) (distinction between denial of guilt and lack of remorse as aggravator)