doug percy jerry thompson

In the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. A friend of Percy's, Mike Featheringill, testified that Percy told him that "[Percy] went over to this drug dealer's house, and they were going to purchase some marihuana, and . Brewer noted that, as in habitual offender proceedings, the death penalty information must be pleaded on a separate page from the charging instrument to shield [the defendant] from the hazard of having the knowledge of his prior criminal record prematurely imparted to the jury.5 Brewer, 275 Ind. On February 14, 1991, one month before the murders in this case, Wesley Crandall Jr. was shot to death in his home in New Castle, Indiana. 492, 355 N.E.2d 843 (1976), however, stand for nothing more than what we have already concluded was permissible-a showing, with reasonable factual context, of access to the murder weapon. Ct. App. Counsel contended that the evidence was entirely consistent with Percy's having, committed the murders and that his testimony "has been bought and paid for, a number of ways and as such is suspect." doug percy jerry thompson. The State all but urged the jury to make the forbidden inference. In light of this disposition, it is unnecessary to. 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. Whether it was necessary to show that Thompson shot Crandall is a closer question, but we need not decide that point because the other material admitted clearly went beyond the pale and requires reversal. Brewer v. State, 275 Ind. His testimony was an essential element in the chain of evidence pointing to Thompson as the killer. Whether it was necessary to show that Thompson shot Crandall is a closer question, but we need not decide that point because the other material admitted clearly went beyond the pale and requires reversal. The details of the prior murder were irrelevant. The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. And, he took Wesley Crandall's money that was there, and the marihuana. it is necessary that the information of prior, crimes be withheld from the jury until the instant case is decided." Indeed, the prohibition on use of prior misconduct to prove a criminal charge is "a basic tenet of criminal evidence law older than the republic itself . One of the defendants had killed the possessor of the car (who apparently had stolen the vehicle himself) before the car was driven from Indiana to Illinois. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. Facebook gives people the power to share and makes the world more open and connected. The defense argued that the court's pretrial ruling permitted evidence that the gun allegedly used to kill Hillis and Beeler had been taken from Crandall when he was killed, and nothing more. 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. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. Because we conclude that the extensive evidence of the prior crime was inadmissible under Indiana Evidence Rules 402, 403, and 404(b), and denied Thompson a fair trial, we reverse the convictions and remand for a new trial. As of July 1, 2006 Home Page| Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. Jerry Thompson Obituary. In the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. Join Facebook to connect with Jerry Thompson and others you may know. You are here: cape breton post latest obits; david caruso art business; doug percy jerry thompson . 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. Larry Sells Tells Of The Most Dangerous Man He Has Ever Prosecuted In View the profiles of professionals named "Doug Percy" on LinkedIn. . 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. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. . denied; Pirnat v. State, 612 N.E.2d 153, 155 (Ind. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. 1974), the defendants were charged with concealing a stolen car and moving it in interstate commerce. The identity exception to the general prohibition on propensity evidence is crafted primarily for "signature" crimes with a common modus operandi. 1 . However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. 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. Although this testimony was admitted only to show that the gun had been in Thompson's possession before the crimes in this case, the State was allowed to elicit significant details of the prior murder and to establish that Thompson was convicted for it. 1994) (in action against prison officials under 42 U.S.C. Join Facebook to connect with Jerry Thompson and others you may know. Cf. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. The rules of evidence require courts to guard against exploitation of those details. This cause is remanded for a new trial. The allegedly corroborative evidence here was irrelevant. We first take up an issue not raised by the parties. In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a .22 derringer that was sold to a third party. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. There is nothing in the record indicating on what basis it was admitted into evidence over Thompson's objection. 12. in the event that any such attack may open the door to the use of such evidence." About; Contact; Login; Search. Jerry Thompson & Company | CO | Read Reviews + Get a Bid | BuildZoom The second best result is Jerry Lamar Thompson age 60s in Portland, OR in the Eliot neighborhood. His testimony was an essential element in the chain of evidence pointing to Thompson as the killer. Percy did not testify that Crandall was killed in his presence, only that he assumed Thompson shot him in the head. He worked in the kitchens and as a driver and mechanic. United States v. York, 933 F.2d 1343, 1353-54 (7th Cir.1991) (distinguishing Ostrowsky and lauding trial court's sanitized and tightly controlled admission of evidence of prior murder and vigilant efforts to minimize its prejudicial impact). Jerry Thompson (8,289 matches): Phone Number, Email, Address - Spokeo In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a ".22 derringer" that was sold to a third party. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. These authorities, e.g., Maldonado v. State, 265 Ind. Douglas Percy. The allegedly corroborative evidence here was irrelevant. 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. One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. The trial court ruled that the State would be allowed "to simply explain presence and then cut it off and let's get on." Because we conclude that the extensive evidence of the prior crime was inadmissible under Indiana Evidence Rules 402, 403, and 404(b), and denied Thompson a fair trial, we reverse the convictions and remand for a new trial. Although the State conceded that Percy had some culpability in both crimes, Percy's role was distinguished from Thompson's: All of us know Doug Percy is not blameless in this, and at the very least, he assisted Jerry Thompson, after these horrible murders were committed [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. In any event, the jury in this case did not and could not know all of the record in the Crandall trial. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). However, double jeopardy forbids a retrial-even where the defendant requests it as here-if the reviewing court concludes that the evidence is legally insufficient to support the conviction. 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. He went to elementary school in Solvang and graduated from Santa Barbara High School in 1976. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind. . Loveless v. State, 240 Ind. 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. 1997). Although Percy's account of the Crandall murder in its particulars was uncontradicted and largely unchallenged, the State offered further detailed evidence about those events. The list of other purposes in the Rule is not exhaustive; extrinsic act evidence may be admitted for any purpose not specified in Rule 404(b) unless precluded by the first sentence of Rule 404(b) or any other Rule. The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. . Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. Percy testified that Thompson shot Crandall. Jerry Thompson & Company, 45927 Cottonwood Hills Dr, Parker, CO (Owned by: Jerry W Thompson) holds a General A license and 1 other license according to the Douglas County license board. However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. The list of "other purposes" in the Rule is not exhaustive; extrinsic act evidence may be admitted for any purpose not specified in Rule 404(b) unless precluded by, the first sentence of Rule 404(b) or any other Rule. Jerry Thompson Obituary (1954 - 2020) | Sweetwater, Tennessee - Echovita The fact of Thompson's conviction for murdering Crandall was wholly irrelevant to establishing his access to the murder weapon. Lockhart v. Nelson, 488 U.S. 33, 109 S. Ct. 285, 102 L. Ed. Id. The serial numbers on the handgun were ground off. Brewer v. State, 275 Ind. C. The errors were not harmless We cannot conclude that these evidentiary errors were harmless. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. On a prearranged signal, Percy gave the gun to Thompson, who knocked Crandall down and stated that he thought he had broken Crandall's neck. Opening arguments The State emphasized the details of Crandall's killing from the beginning. Percy carried Thompson's sawed-off shotgun into the residence. 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. The trial court denied Thompson's motion, ruling that the State could show "how a weapon of the crime was obtained. 492, 355 N.E.2d 843 (1976), however, stand for nothing more than what we have already concluded was permissible -- a showing, with reasonable factual context, of access to the murder weapon. 6. Thompson v. State, 671 N.E.2d 1165 (Ind.1996). BOEHM, Justice. The State all but urged the jury to make the forbidden inference. Percy Femur | Doug Wiki | Fandom ), APPEAL FROM THE MARION SUPERIOR COURT The Honorable John R. Barney Jr., Judge Cause NO. The relevance and balancing issues are reviewed for an abuse of discretion. This [is] the gun that came from there. 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. 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. 13. She testified that in December 1990 she sold Crandall a handgun similar to the alleged murder weapon in this case. In its effort to prove guilt, the State may not flood the courtroom with unnecessary and prejudicial details of prior criminal conduct merely because some of that evidence is relevant and admissible. "See footnote 5 Brewer, 275 Ind. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. As a result, the decision to admit evidence of Thompson's access to the gun, and the State's offer of corroborative evidence to support Percy's version of the events in New Castle, was within the trial court's discretion.

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