Roger Wilkinson v. State of Indiana
70 N.E.3d 392
| Ind. Ct. App. | 2017Background
- On April 10, 2015, neighbors found a damaged gray BMW in their driveway with Roger Wilkinson slumped over the steering wheel; they called 911.
- Police arrived, observed Wilkinson disoriented, slurred speech, and a damaged but drivable vehicle; items in plain view included a partially filled rum bottle, rolling papers, and a plastic vial.
- Officers assisted Wilkinson from the car, patted him down, found a cloth bag on his person containing a syringe and glass jar; substances from bags in the vial and a rolled cigarette were later lab-tested and found to contain methamphetamine and marijuana.
- Wilkinson declined sobriety testing; blood drawn under warrant showed amphetamine, methamphetamine, and THC; he was charged with multiple drug and OVWI-related offenses.
- Trial court denied his pretrial suppression motion and admitted the seized items; a jury convicted him of five offenses and he received an aggregate six-year sentence.
- Post-trial Wilkinson claimed juror nondisclosure (two jurors knew a State witness); the trial court denied his motion for a new trial and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wilkinson) | Held |
|---|---|---|---|
| Sufficiency of evidence that Wilkinson operated vehicle while intoxicated | Evidence (witnesses, 911 call, security footage testimony, blood toxicology, officer observations) supports convictions | Security camera footage was destroyed; absence of preserved footage undermines proof he operated vehicle | Affirmed — substantial probative evidence supported convictions; argument merely asks court to reweigh evidence |
| Admissibility of items seized from vehicle (warrantless search) under U.S. Constitution | Search justified by medical-assistance exception, plain view, automobile exception, and search incident to lawful arrest | No probable cause or justification; officers assumed drug involvement without basis | Affirmed — search and seizure reasonable under medical-assistance, plain view, automobile, and search-incident-to-arrest exceptions |
| Admissibility under Indiana Constitution (Art. I, §11) | Search was reasonable under balancing test (suspicion, intrusion, law enforcement need) | State failed to meet burden showing reasonableness under Indiana standard | Affirmed — totality of circumstances made intrusion reasonable |
| Juror nondisclosure / misconduct | Jurors' casual acquaintanceship with State witness did not bias verdict; no specific substantial evidence of prejudice | Two jurors failed to disclose knowing vehicle owner witness; nondisclosure likely biased jurors and deprived fair trial | Affirmed — relationships were casual, no specific substantial evidence of bias or prejudice, and nondisclosure was not gross nor shown to have harmed defendant |
Key Cases Cited
- Morgan v. State, 22 N.E.3d 570 (Ind. 2014) (standard for reviewing sufficiency of evidence)
- Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (substantial evidence review)</n* Michigan v. Fisher, 558 U.S. 45 (2009) (medical-assistance exception to warrant requirement)
- Mincey v. Arizona, 437 U.S. 385 (1978) (warrantless entries justified to render emergency aid)
- Jones v. State, 783 N.E.2d 1132 (Ind. 2003) (plain view doctrine elements)
- Maryland v. Dyson, 527 U.S. 465 (1999) (automobile exception to warrant requirement)
- Pennsylvania v. Labron, 518 U.S. 938 (1996) (probable cause + vehicle mobility permits warrantless search)
- U.S. v. Ross, 456 U.S. 798 (1982) (scope of vehicle search when probable cause exists)
- U.S. v. Robinson, 414 U.S. 218 (1973) (search incident to lawful arrest justification)
- Stephenson v. State, 864 N.E.2d 1022 (Ind. 2007) (new trial standard for juror nondisclosure and need for specific, substantial evidence of bias)