Tyron Johnson v. State of Indiana (mem. dec.)
71A03-1608-CR-1896
| Ind. Ct. App. | Jun 30, 2017Background
- On June 12, 2015, Tyron Johnson and his girlfriend Precious Jackson argued in front of neighbors; Johnson produced a handgun and fired six shots, three striking and killing Jackson.
- Johnson fled, discarded the gun, and was arrested days later; he was charged with Murder (I.C. § 35-42-1-1).
- At trial Johnson admitted shooting Jackson but claimed sudden heat/voluntary manslaughter (provocation, alleged physical blows, a “blackout”) rather than murder.
- The State presented neighbor testimony contradicting claims of significant physical provocation and an inmate’s testimony about Johnson’s post-arrest statements; ballistics/forensic evidence showed the gun functioned and three of six shots hit Jackson.
- The jury rejected sudden-heat mitigation, convicted Johnson of Murder, and he was sentenced to 60 years (five years suspended). Johnson appealed, challenging sufficiency of evidence on sudden heat and admission of autopsy photos.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Whether evidence sufficed to disprove sudden heat and support Murder rather than Voluntary Manslaughter | The State argued testimony and physical evidence (multiple shots, gun working, witness accounts, inmate statement) rebutted sudden heat and showed knowing/intentional killing | Johnson argued he acted in sudden heat provoked by mutual yelling, name‑calling, and being struck (shoe blow), causing a blackout and lack of deliberation | Affirmed: evidence allowed jury to find no legally sufficient provocation; Murder conviction upheld |
| Whether trial court abused discretion by admitting autopsy photographs with trajectory rods | The State argued photos were relevant visual aids to illustrate pathologist’s testimony about wound paths and not unduly prejudicial | Johnson argued the photos were graphic, added little probative value because he conceded shooting, and risked unfair prejudice | Affirmed: court did not abuse discretion; probative value (illustrating wounds/trajectory) outweighed prejudice |
Key Cases Cited
- Watts v. State, 885 N.E.2d 1228 (Ind. 2008) (discusses atypical nature of voluntary manslaughter as lesser‑included offense)
- Jackson v. State, 709 N.E.2d 326 (Ind. 1999) (State must disprove sudden heat beyond reasonable doubt when raised)
- Dearman v. State, 743 N.E.2d 757 (Ind. 2001) (definition of sudden heat and its effect on deliberation/premeditation)
- Stevens v. State, 691 N.E.2d 412 (Ind. 1997) (provocation must be more than mere words; objective standard)
- Corbett v. State, 764 N.E.2d 622 (Ind. 2002) (admission/exclusion of evidence reviewed for abuse of discretion)
- Jackson v. State, 597 N.E.2d 950 (Ind. 1992) (gory photographs admissible if relevant and describable by witness)
- Custis v. State, 793 N.E.2d 1220 (Ind. Ct. App. 2003) (autopsy photos generally relevant but altered bodies may raise concerns about prejudice)
- Hines v. State, 801 N.E.2d 634 (Ind. 2004) (State entitled to prove its case by evidence of its choice; defendant cannot stipulate away evidentiary proof)