Thursday, July 30, 2015
Ind. Decisions - Supreme Court decides two today
In Craig Sampson v. State of Indiana, a 10-page, 5-0 opinion, Justice Rucker writes:
Craig Sampson appeals his conviction for child molesting contending it must be vacated and this cause remanded for a new trial because, among other things, improper vouching testimony was allowed into evidence. We affirm the judgment of the trial court. * * *In Gary Sistrunk v. State of Indiana, a 5-page, 5-0 opinion, Justice Rucker writes:
At stake in this case was the credibility of the alleged victim, S.B., who was thoroughly questioned on cross-examination and whose testimony did not waver from that given during direct examination.
Gary Sistrunk challenges his convictions for robbery and criminal confinement as class B felonies contending, among other things, they violate Indiana’s constitutional ban on double jeopardy. We affirm the judgment of the trial court. * * *
In sum, our jurisprudence teaches that committing two or more separate offenses each while armed with a deadly weapon—even the same weapon—is not within the category of rules precluding the enhancement of each offense based on “the very same behavior.” Stated somewhat differently, our recognition in Richardson of the common law rule establishing that enhancements cannot be imposed for the very same behavior could not have included use of a single deadly weapon during the commission of separate offenses. And this is so because no such common law rule existed. Instead the opposite was true.
Posted by Marcia Oddi on July 30, 2015 11:14 AM
Posted to Ind. Sup.Ct. Decisions