Terrence T. Walker v. State of Indiana
2013 Ind. App. LEXIS 225
| Ind. Ct. App. | 2013Background
- Walker was convicted of class C felony child molesting involving touching of a child under fourteen in July 2010; the information alleged touching by Walker of A.B. during a July 15 incident in Lake County, Indiana.
- The trial involved testimony from the victim’s father whose comments during and after outbursts were challenged as violating Rule 704(b) and potentially fundamental error.
- The State presented DNA evidence linking Walker to the scene and to the victim’s leggings and car, with statistical probabilities discussed at trial.
- Walker sought a jury instruction on class D felony sexual battery as a lesser-included offense; the trial court found it not inherently or factually included and omitted the instruction.
- The court replaced an absent juror (Juror 271, the only African-American on the panel) with an alternate, which Walker challenged as racially prejudicial, though the court denied the objection.
- The appellate court affirmed Walker’s conviction, holding no fundamental error from the testimony, no error in omitting the instruction, and no abuse of discretion in replacing the juror.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fundamental error from father’s testimony | Walker | Walker claims 704(b) violations denied him due process | No fundamental error; admonitions cured error |
| Failure to instruct on sexual battery as lesser-included offense | State | Sexual battery is a lesser-included offense | No error; not inherently or factually included; not reversible without objection |
| Replacement of juror 271 (only African-American juror) | Walker | Replacement prejudiced defendant | No abuse of discretion; no showing of racial discrimination; juror replacement upheld |
| Whether the evidence supports a jury instruction on sexual battery | State | Instruction unnecessary given charging instrument | Not applicable; third-step analysis ended as not included; no instruction required |
Key Cases Cited
- Kubsch v. State, 784 N.E.2d 905 (Ind. 2003) (waiver where no trial objection to evidence)
- Lay v. State, 659 N.E.2d 1005 (Ind. 1995) (court admonitions cure evidentiary error)
- Warren v. State, 757 N.E.2d 995 (Ind. 2001) (disallows reversible error from outburst when admonished)
- Booher v. State, 773 N.E.2d 814 (Ind. 2002) (invited error; not reversible)
- Palilonis v. State, 970 N.E.2d 713 (Ind. Ct. App. 2012) (fundamental error narrow exception)
- Treadway v. State, 924 N.E.2d 621 (Ind. 2010) (waiver of failure to object absent fundamental error)
- Watts v. State, 885 N.E.2d 1228 (Ind. 2008) (three-step test for lesser-included offenses)
- Childs v. State, 886 N.E.2d 75 (Ind. Ct. App. 2008) (not inherently included for sexual battery vs. child molesting)
- Jervis v. State, 679 N.E.2d 875 (Ind. 1997) (alternate juror eligibility and impartiality)
- Gaby v. State, 949 N.E.2d 870 (Ind. Ct. App. 2011) (prosecutor vouching; proper scope of credibility arguments)