ILNews

High court upholds life sentence

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.

Jeffrey Treadway appealed his convictions of murder, felony murder, robbery, and battery, and his sentence of life in prison without parole on numerous arguments, including that the trial court erred by not granting his motions for mistrial; in instructing the jury; and that his sentence is inappropriate.

Treadway knocked on the door of the home of an elderly couple for whom he had previously done some handy work. When Donald Carroll answered the door, Treadway attacked him with a brick, which caused his death. When Betty Carroll intervened, Treadway hit her and demanded money. She gave him $200 and he left. When describing the attacker to police, she noted his name was "Jeff" and he had previously done yard work for the couple. Treadway was arrested in Minnesota on an unrelated charge when police realized he was wanted in Indiana.

In Jeffrey Treadway v. State of Indiana, No. 49S00-0803-CR-147, the justices held the trial court didn't err in denying his three motions for mistrial based on hearsay testimony, jury separation, and instruction to the jury to continue deliberating. Under the hearsay testimony motion, Betty's stepson testified about what she had told him about her attacker. The testimony was nearly identical to Betty's testimony, so admitting it wasn't an error. Under the jury separation motion, the juror had been separated for just 20 minutes to express breast milk and no deliberations had occurred while she was gone, so there was no error. On the instruction to the jury motion, the trial court properly called the jury and the parties into open court, polled them, and notified the parties of the court's intent to instruct the jury to continue deliberating before sending the bailiff into the jury room. There was no error on this issue, wrote Justice Robert Rucker.

Treadway argued the trial court erroneously instructed the jury in the guilt and penalty phases of trial. The whole of the jury instruction during the guilt phase doesn't make it appear that the jury should come to a verdict when a verdict can't be reached, as Treadway claimed, wrote the justice. The trial court didn't err in instructing the jury by using the phrases "after you return a verdict" and "when you have agreed upon a verdict."

The trial court also didn't err in instructing the jury on the parole aggravator during the penalty phase or reading an instruction to the jury that included "a sentencing recommendation." Merely referring to the jury's determination as a "recommendation" didn't imply that its recommendation was only a preliminary step to sentencing and didn't suggest that the jury wasn't responsible for the ultimate sentence, the high court held.

The justices also rejected Treadway's argument that his sentence is inappropriate. Bludgeoning an elderly man to death during a robbery is horrific and brutal, and Treadway has an extensive criminal history beginning when he was a juvenile. His criminal conduct over the years has increased in seriousness, and despite being offered numerous opportunities to reform, he continued to pursue criminal activity.

The Supreme Court also affirmed the trial court didn't err in failing to dismiss the state's request for life imprisonment without parole; admitting into evidence the testimony of two inmate witnesses; that there was sufficient evidence; the state proved the existence of statutory aggravators beyond a reasonable doubt, and that the trial court's sentencing order is adequate.

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT