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Life sentence upheld for man who killed neighbor

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The Indiana Supreme Court rejected a man’s claims that certain photos of a murder victim should not have been admitted at his trial. The justices upheld Tyrice Halliburton’s life without parole sentence for the murder of Sheena Kiska.

Police found Kiska dead in her apartment in March 2008. She had been stabbed multiple times and also suffered blunt-force injuries. Halliburton became a suspect after he told police he saw another resident murder Kiska, providing details that would have been impossible from his vantage point. Police also found Kiska’s DVD player in his car that had been taken from her apartment a month before the murder. His girlfriend, Nicole DeFronozo, also revealed that she knew in 2008 that Halliburnton had killed Kiska but remained quiet for more than three years.

The state sought life without parole after alleging Halliburton intentionally killed Kiska while committing or attempting to commit burglary. He was convicted in 2012.

Halliburton appealed, arguing the trial court erred in admitting certain photographs and the testimony of his girlfriend’s mother, and that the trial court’s limiting instruction was erroneous.

Halliburton only objected to the admission of a few of the 27 pre- and post-autopsy photos; his remaining claims on appeal are based on fundamental error. The justices rejected his claims finding the photos did not serve to inflame the emotions of the jury but showed her injuries or how her body was found.

They also found no fundamental error in the introduction of testimony from Cynthia Bollenbaugh, DeFronzo’s mother. She testified that she urged her daughter to tell the truth when she learned of Halliburton’s involvement in the murder. She was not testifying as to whether DeFronzo had testified truthfully, as he claimed, so there was no violation of Ind. Evid. Rule 704(b).  

The justices did agree that the limiting instruction given by the judge regarding DeFronzo’s testimony was given in error.

“Here the instruction did not imply that the trial court had formed an opinion on the credibility of a witness or the weight the jury was to give the witness’ testimony. However, the instruction nonetheless advised the jury that the trial court had made a preliminary determination that the testimony the jury was about to hear is ‘relevant’ and that the trial court had made a preliminary determination that the probative value of such testimony ‘outweighs any prejudice there may be.’ Although appropriate as an evidentiary ruling, the highlighted portion of the limiting instruction should not have been read to the jury in that it had no role in the matter,” Rucker wrote in Tyrice J. Halliburton v. State of Indiana, 20S00-1206-LW-560.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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