Stewart v. State
2011 Ind. App. LEXIS 673
Ind. Ct. App.2011Background
- Stewart was convicted after a jury trial of seven counts of felony murder, six counts of criminal confinement (Class B), one count of robbery (Class C), carrying a handgun without a license (Class A misdemeanor), burglary (Class B), and adjudicated an habitual offender; sentenced to 425 years executed.
- The State charged Stewart with seven counts of murder, seven counts of felony murder, seven counts of criminal confinement, one count of robbery, one count of burglary, one count of carrying a handgun without a license, and unlawful possession of a firearm by a serious violent felon; habitual offender adjudication pursued.
- The State elected to have judgment entered on felony murder convictions and to reduce the robbery to a Class C felony; the trial court entered judgment on felony murder and vacated intentional murder; Stewart appeals.
- The issues raised include double jeopardy from felony murder and underlying robbery, admissibility of hearsay and other evidence, whether the long sentence is an equal-protection concern or LWOP-equivalent, admission of photographs, and sufficiency of the evidence.
- The court vacated the robbery conviction and corresponding four-year sentence for double jeopardy reasons, affirmed the other convictions, and addressed each challenged evidentiary and sentencing issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy from felony murder and underlying robbery | Stewart argues felony murder and underlying robbery violate double jeopardy | State concedes conflict but seeks remand to vacate only felony murder | Robbery vacated; felony murder stand; no remand for intentional murder |
| Admissibility of Taylor’s testimony and other statements | Turner’s state-of-mind statement and related hearsay should be excluded | Testimony relevant as Turner's state of mind and accomplice identity | Taylor testimony properly admitted; excluded ‘Lucky’ statements as hearsay |
| LWOP-equivalence and equal protection | 425-year aggregate sentence is functionally LWOP, needs LWOP protections | Not similarly situated with LWOP defendants; still a term of years, parole possible | Waiver acknowledged; merits reached; no LWOP protections required; sentence affirmed |
| Admission of photographs | Photographs gruesome, cumulative, prejudicial; probative value limited | Photographs necessary to prove gruesome nature and multiple victims | Photographs properly admitted; probative value outweighs prejudice |
| Sufficiency of the evidence | Evidence insufficient to place Stewart at scene | Four witnesses’ confessions suffice; jury credibility assessment favorable to State | Sufficient evidence supported convictions; credibility determinations within jury’s purview |
Key Cases Cited
- West v. State, 755 N.E.2d 173 (Ind. 2001) (double jeopardy prohibits underlying felony conviction with felony murder)
- Griffin v. State, 717 N.E.2d 73 (Ind. 1999) (double jeopardy with felony murder and underlying felony)
- Sanchez v. State, 794 N.E.2d 488 (Ind. Ct. App. 2003) (double jeopardy principles in multiple felony cases)
- Carter v. State, 750 N.E.2d 778 (Ind. 2001) (invited error doctrine; vacating judgments case-specific)
- Wright v. State, 916 N.E.2d 269 (Ind. Ct. App. 2009) (LWOP-sentence-equivalence considerations; waiver note)
- Collins v. State, 826 N.E.2d 671 (Ind. 2005) (LWOP considerations; not entitled to LWOP protections)