Tharpe v. State
955 N.E.2d 836
| Ind. Ct. App. | 2011Background
- Tharpe was charged with Class A felony attempted murder after firing an AK-47 at Officer Churchman around 11:00 p.m. on Oct. 19, 2009; the officer identified himself and Tharpe fired multiple rounds, injuring the officer and causing a pursuit leading to Tharpe’s flight.
- Tharpe was tried before a jury over two days and convicted as charged; he later moved for a new trial alleging counsel lacked adequate time to prepare.
- The trial court denied the new-trial motion and Tharpe received a forty-year sentence.
- Tharpe appealed in the Indiana Court of Appeals, raising claims of judicial bias, denial of a continuance, and sufficiency of the evidence.
- The court affirmatively held that there was no reversible error and affirmed Tharpe’s conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the judge’s conduct deny Tharpe a fair trial due to bias | Tharpe contends judge’s comments and demeanor showed bias | State argues no demonstrated bias; errors, if any, were not fundamental | Not fundamental error; no denial of fair trial |
| Did the trial court abuse its discretion in denying a continuance | Tharpe argues additional time was needed to prepare | State contends case had been pending long; time adequate | No abuse of discretion; continuance denial affirmed |
| Was there sufficient evidence of attempted murder beyond a reasonable doubt | Tharpe acted in self-defense; no intent to kill | State rebutted self-defense; firing weapon showed intent to kill | Evidence sufficient; state rebutted self-defense; conviction affirmed |
Key Cases Cited
- Perry v. State, 904 N.E.2d 302 (Ind.Ct.App. 2009) (standard for judicial impartiality; presume unbiased judge)
- Smith v. State, 770 N.E.2d 818 (Ind.2002) (bias requires more than adverse rulings)
- Flowers v. State, 738 N.E.2d 1051 (Ind.2000) (adverse rulings alone do not prove prejudice)
- Deane v. State, 759 N.E.2d 201 (Ind.2001) (fundamental error requires blatant due process violation)
- Hubbell v. State, 754 N.E.2d 884 (Ind.2001) (cumulative errors may warrant reversal but not shown here)
- Pigg v. State, 929 N.E.2d 799 (Ind.Ct.App.2010) (waiver for unpreserved claims; cannot raise on appeal)
- Wilson v. State, 931 N.E.2d 914 (Ind.Ct.App.2010) (failure to raise at trial waives review on appeal)
- Elmore v. State, 657 N.E.2d 1216 (Ind.1995) (continuance denial upheld where case lengthy and time for prep adequate)
- Schmid v. State, 804 N.E.2d 174 (Ind. Ct. App.2004) (time to prepare; continuance denial not abuse)
- Carroll v. State, 744 N.E.2d 432 (Ind.2001) (state may rebut self-defense beyond reasonable doubt)
- Bethel v. State, 730 N.E.2d 1242 (Ind.2000) (intent to kill may be inferred from use of deadly weapon)
- Fry v. State, 885 N.E.2d 742 (Ind.Ct.App.2008) (evidence of weapon use supports verdict on self-defense)