ILNews

Appellate court upholds murder conviction

Back to TopCommentsE-mailPrintBookmark and Share

Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.

In Theotis Tolliver v. State of Indiana, No. 45A03-0906-CR-250, Theotis Tolliver appealed his murder conviction and habitual offender enhancement resulting in 90-year sentence for shooting Benjamin Woodward Jr. Tolliver claimed the trial court erred by letting a police officer testify, based on Woodward's body language, about the "truthful" nature of certain statements made by the victim; by allowing into evidence some of Woodward's statements to his family as statements against interest under Indiana Evidence Rule 804(b)(3); by denying his motion for a continuance when a defense witness didn't appear at trial; and by prohibiting defense counsel from inquiring into certain state's witnesses' possible bias on cross-examination.

Tolliver and Woodward got into an argument after a dice game, which led to Tolliver shooting Woodward in front of several witnesses. Woodward told his family in the hospital Tolliver shot him but that he would take care of it and he wasn't a snitch. He didn't cooperate with police during the investigation. Woodward eventually died of his injuries.

The Court of Appeals agreed with Tolliver that the trial court erred by allowing a police officer to testify as a skilled witness regarding Woodward's body language at the time he made certain statements. The trial court allowed the officer to testify based on his interrogation training. Other jurisdictions have disapproved of body language testimony, and the appellate court was similarly skeptical of the testimony. Because the officer didn't testify regarding Woodward's specific truthfulness but just observed that Woodward was uncooperative, was angry, and didn't want to talk, that testimony is admissible pursuant to Evid. R. 701 as a lay opinion, wrote Judge Cale Bradford. As a result, it was a harmless error.

The Court of Appeals ruled the testimony by Woodward's family members that he told them Tolliver shot him and he would take care of it, shouldn't have been admitted into evidence as an admission against interest. The statements were merely a statement of intent. Given the independent eyewitness testimony identifying Tolliver as the shooter and the gun used to kill Woodward, the introduction of the family's testimony wasn't prejudicial enough to deny Tolliver a fair trial, wrote the judge.

The refusal to grant Tolliver a continuance to locate a defense witness wasn't an abuse of discretion because he had other witnesses testify on his behalf as alibi witnesses. In addition, there was difficulty locating the witness, who was likely uncooperative because he had three active warrants and was being investigated in connection with a murder case.

Finally the Court of Appeals found no error in limiting Tolliver's attorney's cross-examination of state witnesses about possible deals they would receive in exchange for testifying. The purported deals were purely speculative and unsupported by evidence.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT