The officers put the other prisoners back in the cells, then recovered several knives from the . Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind.Evidence Rule 801(d)(1)(B), corroborative proof is limited by several considerations: (1) whether the challenged witness actually testified to what is sought to be corroborated; (2) whether the corroboration helps prove a material fact (relevance); and (3) whether the corroborative evidence, assuming it is relevant, is nonetheless so prejudicial that it must be excluded under Evidence Rule 403. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. To prove that Thompson was the perpetrator, the State presented evidence that he stole the murder weapon, a handgun, in the course of committing a different murder a month earlier. C. The errors were not harmless We cannot conclude that these evidentiary errors were harmless. The allegedly corroborative evidence here was irrelevant. They are far from justifying irrelevant and highly prejudicial evidence that has no relation to that point or to any other material fact in dispute. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir.1987) (in prosecution for unlawful gun possession, recorded conversation between a police informant and the defendant about sale of the gun was properly admitted, but it was error to admit subsequent exchange on the same tape concerning unrelated drug sale). 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. The State's fallback position, advanced at oral argument in this Court, is that all evidence related to the Crandall murder was properly admitted because Percy's credibility was under attack. Percy gave the following account. II. The defense responded that the conviction was: (1) "impermissible bolstering" of Percy; (2) irrelevant to proving what happened at Hillis Auto Sales on the day of the murders; and (3) too prejudicial to be outweighed by any probative value. Id. The best result we found for your search is Jerry Wayne Thompson age 70s in Portland, OR in the Maplewood neighborhood. Lila Thompson (1967-1971), Percy Douglas (1984-1988), Shynese Sangster (2002-2006) Control profile. Thompson v. State :: 1996 :: Supreme Court of Indiana Decisions In a second motion in limine, Thompson responded that this evidence was not admissible under the identity exception because the Indianapolis killings and the Crandall murder were not "signature" crimes. There is no doubt that Percy's credibility was critical to the State's case. Douglas Percy Thompson Born: 3 . 1991, and ballistics tests confirmed to be the weapon used to kill Hillis and Beeler. 1997). . Facebook gives. The email address cannot be subscribed. The details of the prior murder were irrelevant. Jerry K. Thompson was convicted of two counts of murder,See footnote 1 two counts of robbery,See footnote 2 and one count of carrying a handgun without a license.See footnote 3 The trial court sentenced Thompson to death for the murders and imposed a term of years for the other convictions. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. Thompson v. State, 671 N.E.2d 1165 (Ind.1996). Because the State alleged that Thompson stole the murder weapon from Crandall and subsequently used it to kill Hillis and Beeler, the theft of the gun was relevant to this trial. The identity exception to the general prohibition on propensity evidence is crafted primarily for "signature" crimes with a common modus operandi. Doug was born in San Jose, California on February 3, 1958. Bowen v. State, 680 N.E.2d 536, 540 (Ind. ON OCTOBER 27, 2002, THOMPSON WAS FOUND DEAD IN THE RECREATION AREA OF A CELLBLOCK ON "X ROW" AT THE INDIANA STATE PRISON IN MICHIGAN CITY, INDIANA. Champlain v. State, 681 N.E.2d 696, 702 (Ind.1997). As Brewer held, there was no reversible error in informing the jury of that aggravator before the sentencing phase, even if reading any of the charged aggravators is neither necessary nor a desirable practice in capital cases. Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind.1993). Douglas is related to Greg S Percy and Theresa Marie Percy as well as 1 additional person. . The defense responded that the State was limited by Rule 404(b) to the "least prejudicial" way of proving access to the murder weapon and that Thompson could not be retried for the Crandall murder. In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.See footnote 6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June. DICKSON, SULLIVAN and SELBY, JJ., concur. I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. Percy Thompson - Historical records and family trees - MyHeritage In rebuttal, the State replied that the events surrounding the Crandall murder were relevant: The reason it's relevant is because it proves [Thompson's] identity. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? Because "[a] conviction in a capital case may be based upon the uncorroborated testimony of an accomplice," Lowery v. State, 547 N.E.2d 1046, 1053 (Ind. Vaughn's testimony was irrelevant because the second gun was not alleged to have been used to commit the murders in this case, but Thompson does not explain how Vaughn's testimony prejudiced him. Cf. . doug percy jerry thompson. The third result is Douglas Edwin Percy age 60s in Marblehead, MA in the Marblehead neighborhood. Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. In its opening argument, the State outlined the events surrounding the Hillis and Beeler murders, and then explained Percy's delayed decision to come forward to tell police what he knew about Thompson's involvement. Police say Jerry Thompson and seven other prisoners were out of their cells for their recreation time Sunday afternoon at the Michigan City facility. He offers broad experience in skills like . . 1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. The relevance and balancing issues are reviewed for an abuse of discretion. When this mandate is observed, the conviction will not be disturbed. And, as Evans put it, if the aggravating circumstances are prior unrelated crimes it is necessary that the information of prior crimes be withheld from the jury until the instant case is decided. Evans, 563 N.E.2d at 1259. View the profiles of people named Jerry Thompson Thompson. Lannan v. State, 600 N.E.2d 1334 (Ind. But, the acts that [Thompson] committed up there, as they related to his case are proof of his guilt here; that's the whole reason you were able to hear it. 1991) (erroneous admission of extrinsic acts was harmless because there was strong properly admitted evidence of guilt and prosecutor did not "embellish upon the incident"). 5. However, the details of the killing, including the cause of death as being two gunshot wounds in the head, id. The fact of Thompson's conviction for murdering Crandall was wholly irrelevant to establishing his access to the murder weapon. They are far from justifying irrelevant and highly prejudicial evidence that has no relation to that point or to any other material fact in dispute.
Apartments In Dudley, Ma, Cyclone Steam Engine Cost, Articles D