FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 1995). There are 10+ professionals named "Doug Percy", who use LinkedIn to exchange information, ideas, and opportunities. The jury also returned convictions for two counts of felony murder, Ind.Code 35-42-1-1(2) (Supp.1989), which were merged into the murder convictions. . Unnecessary and inflammatory detail may require reversal. Without explanation, the trial court ruled that the conviction was admissible. 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. at 321, were unfairly prejudicial and required a new trial. This discussion of the Crandall murder followed: [W]hen [Percy] came forward to the Police he insisted that he needed to tell them about something that happened in New Castle, Indiana In February of 1991, [Thompson and Percy] went to New Castle, Indiana, to meet a man by the name of Wesley Crandall. The State did not refer at this stage, however, to the point for which evidence of the Crandall murder was originally held to be admissible -- to show that Thompson had access to the murder weapon before the crimes. Accordingly, over Thompson's objection, an officer with the New Castle Police Department was allowed to testify that he attended Thompson's trial in Henry County for Crandall's murder, thirty to forty witnesses were called (including Percy), and that the jury convicted Thompson. 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. . United States v. Burke, 948 F.2d 23 (1st Cir. . The Marine officer who was named a "person of the week" in 2009 when she became the first-ever aircraft commander of Marine One -- the presidential chopper -- has been fired from her current post . This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). View the profiles of people named Jerry Thompson Thompson. Conclusion The convictions and sentence are reversed. In light of this disposition, it is unnecessary to reach the remaining claims of error.12. Leonard v. United States, 378 U.S. 544, 84 S.Ct. 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. THOMPSON SUFFERED SEVERAL FATAL STAB WOUNDS. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. The State maintained that it understood the pretrial ruling on Rule 404(b) to allow evidence of the conviction itself, and that it relied on this interpretation in referring to the conviction in opening arguments. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. Jerry Thompson in Portland, OR - Address & Phone Number - Whitepages Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. Resides in Mead, WA. . . That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. Doug was born in San Jose, California on February 3, 1958. He offers broad experience in skills like . If the extraneous details, of the killing were inadmissible in Ostrowsky -- a case involving car theft -- the prejudice to Thompson in a second murder prosecution is an a fortiori case. in the event that any such attack may open the door to the use of such evidence." D. Closing arguments The State lauded Percy in its closing argument as the man who helped solve both the Indianapolis killings at issue here and Crandall's murder a month earlier: [I]n the process of telling the Police Department and other Law Enforcement. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. The trial court ruled that the State would be allowed to simply explain presence and then cut it off and let's get on., Percy gave the following account. The rules of evidence require courts to guard against exploitation of those details. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. at 368, 417 N.E.2d at 906. The email address cannot be subscribed. Percy carried Thompson's sawed-off shotgun into the residence. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 2. at 368, 417 N.E.2d at 906. Thompson was charged and a jury convicted him on all counts. Indiana Evidence Rule 404(b) provides that [e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. We cannot conclude that these evidentiary errors were harmless. Id. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. State prisoner stabbed to death | wthr.com denied; Pirnat v. State, 612 N.E.2d 153, 155 (Ind. For example, in United States v. Ostrowsky, 501 F.2d 318 (7th Cir.1974), the defendants were charged with concealing a stolen car and moving it in interstate commerce. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. doug percy jerry thompson - edrobd.org In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 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. The fact of Thompson's conviction for murdering Crandall was wholly irrelevant to establishing his access to the murder weapon. It also placed Percy himself at each of these crime scenes. And, he took Wesley Crandall's guns. Rather, the defense elicited from Percy that he had not been charged with any crime related to those events and that his charge for altering a vehicle identification number was dismissed in exchange for his cooperation in this case. The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. While we have reversed on the basis of evidence improperly admitted during the State's case in chief, it might turn out that discrete pieces of this evidence would be admissible as rebuttal. Such evidence is highly prejudicial." Far more importantly what somebody has to lose. In sum, the parties and the court concluded before trial that Thompson's access to the murder weapon was relevant to proving that he was the killer. The jury's verdict reflects a decision to credit Percy's testimony that this Court, as an appellate tribunal, would ordinarily not question. Douglas Percy. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. When this mandate is observed, the conviction will not be disturbed. Lannan v. State, 600 N.E.2d 1334 (Ind. Indiana Evidence Rule 404(b) provides that "[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. Percy Thompson Profiles | Facebook Percy testified that Thompson shot Crandall. Bowen v. State, 680 N.E.2d 536, 540 (Ind. See, e.g., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind. Douglas (Doug) Jerry Thompson | Obituaries | syvnews.com The trial court denied Thompson's motion, ruling that the State could show how a weapon of the crime was obtained. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind. Bill Percy - Partner - Thompson Dorfman Sweatman | ZoomInfo . Jerry K. THOMPSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). A. Pretrial developments The admissibility of the Crandall murder evidence was contested from the outset. United States v. Burke, 948 F.2d 23 (1st Cir.1991) (bootstrapping testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). I don't think [Rule] 404 precludes the obtaining of the weapon, so the State will be allowed to introduce evidence of the obtaining of the weapon. In sum, the parties and the court concluded before trial that Thompson's access to the murder weapon was relevant to proving that he was the killer. By - June 16, 2022. Cf. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. The issue is whether evidence beyond that appropriate to establish access to the gun was admitted and, if so, whether it was harmless error. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. All contact info about Douglas E Percy, 61 from Marblehead, Massachusetts - address, e-mail, phone, public records, etc at Inforver FOR FREE. 3. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind. The issue is raised sua sponte to emphasize what Brewer and Evans made clear as to how prospective jurors should be instructed on aggravating circumstances in capital cases. The trial court began the voir dire, before any questioning had occurred, by reading both the charging information and the death penalty information to all prospective jurors. When the defendant objects on the ground that the admission of particular evidence would violate Rule 404(b), the following test should be applied: (1) the court must determine that the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defendant's propensity to commit the charged act; and (2) the court must balance the probative value of the evidence against its prejudicial effect pursuant to Rule 403. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. There is no doubt that Percy's credibility was critical to the State's case. The third result is Douglas Edwin Percy age 60s in Marblehead, MA in the Marblehead neighborhood. Thompson v. State :: 1997 :: Supreme Court of Indiana Decisions 1996) (reversing conviction due to erroneous admission of propensity evidence) (internal quotation marks omitted), suggesting that because Thompson killed and robbed Crandall, he must have killed and robbed Hillis and Beeler too. 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. Jerry D. Thompson - Wikipedia The exception's rationale is that the crimes, or means used to commit them, were so similar and unique that it is highly probable that the same person committed all of them. Arguably this prerequisite is not satisfied here. Evidence of Prior Uncharged Misconduct. In a hearing outside the presence of the jury, the State asserted that proof of the conviction was relevant to show identity and because Percy's credibility had been attacked. In any event, as explained in Part III infra, Featheringill's testimony was not relevant to the material fact of Thompson's access to the murder weapon and therefore should not have been admitted. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. Lockhart v. Nelson, 488 U.S. 33, 109 S. Ct. 285, 102 L. Ed. Thus it was error to inform jurors of Thompson's conviction of Crandall's murder prior to the penalty phase. They found the 41-year-old inmate on the floor with stab wounds.
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