Double Jeopardy Because reversal in this case is due to trial error in the admission of evidence, the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, applicable to the states through the Due Process Clause of the Fourteenth Amendment, See footnote 13 generally does not bar a retrial on the same crimes. Next, an evidentiary dispute arose over whether the court's pretrial ruling on Thompson's motion in limine, allowing the State to introduce evidence of the obtaining of the weapon, permitted the State to introduce the fact of Thompson's conviction for the Crandall murder. Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. 2056, 23 L.Ed.2d 707 (1969). The defense asked jurors to think about what somebody's got to gain when they testify. C. The State's case in chief When Percy began to testify about the events surrounding the Crandall murder, the defense objected and renewed its contention that this evidence was irrelevant and inadmissible under Rule 404(b). Citing several cases, the State nonetheless urges a more expansive view of the, identity exception to include evidence of prior crimes in which an instrumentality used in the current crime was acquired. Ct. App. On February 12, 1991, two days prior to the murder, Thompson instructed his girlfriend to purchase a twelve-gauge shotgun and ammunition. Jerry Don Thompson - President - Voyager Energy Services - LinkedIn . He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. Indeed, our decisions have cautioned that evidence of prior misconduct offered to bolster a key witness's testimony as to the current charge, although often probative on that point, is also quite prejudicial. United States v. York, 933 F.2d 1343, 1353-54 (7th Cir. He offers broad experience in skills like . 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.. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. One of the aggravating circumstances was Thompson's prior conviction of the murder of Wesley Crandall Jr., discussed in more detail below.4 Although it was proper to inform prospective jurors of the crimes charged, the trial court erred in advising the jury of the death penalty information before the sentencing phase. Join Facebook to connect with Percy Thompson and others you may know. 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. 1996) (internal quotation marks omitted). And, he took Wesley Crandall's money that was there, and the marihuana. Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). Id. In any event, the jury in this case did not and could not know all of the record in the Crandall trial. A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. 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. Lannan, 600 N.E.2d at 1338. About; Contact; Login; Search. Observing that Thompson had challenged Percy's credibility in opening arguments, the State maintained that some detail was needed to give the jury "sufficient context" in which to understand, and therefore credit, Percy's testimony about how Thompson acquired the gun used to kill Hillis and Beeler. 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. The propensity evidence in this case crossed that line by a wide margin. Sign up for our free summaries and get the latest delivered directly to you. Even where a prior criminal act is relevant to a material fact, the potential for unfair prejudice dictates that the evidence of the prior misconduct be limited to that necessary to prove the disputed fact. As Percy waited nearby in the living room, Thompson and Crandall spoke in the kitchen. View the profiles of professionals named "Doug Percy" on LinkedIn. 1993) (holding that improperly admitted evidence of prior acts was not harmless error where the State emphasized the disputed conduct in its opening and closing arguments); James v. State, 622 N.E.2d 1303, 1309-10 (Ind. Pay particular attention to Mr. Percy. United States v. Burke, 948 F.2d 23 (1st Cir.1991) (bootstrapping testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). Indeed, by the time of closing argument, the State referred to the discrete killings as a circle of criminal conduct for which Thompson should be held responsible. The serial numbers on the handgun were ground off. 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. denied; Pirnat v. State, 612 N.E.2d 153, 155 (Ind. In this review, we do not reweigh evidence or assess the credibility of witnesses. The best result we found for your search is Jerry Wayne Thompson age 70s in Portland, OR in the Maplewood neighborhood. Id. See Part I supra. Even if all the evidence related to the Crandall murder and Thompson's trial in Henry County were relevant and of probative value here, this evidence would not clear the balancing hurdle of Evidence Rule 403. SHEPARD, C.J., concurs with separate opinion. And, he took Wesley Crandall's guns. II. His heart belonged to Santa Barbara, and he could not imagine living anywhere else in the world. Thompson filed a motion in limine before trial objecting to the admission of any evidence related to Crandall's death, including the fact of Thompson's conviction for that murder. By - June 16, 2022. The State emphasized the details of Crandall's killing from the beginning. Rule 403 required exclusion More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. Jerry as Percy Frank's Father as Toby Bart (from The Simpsons) as Duck Carl (from The Simpsons) as Donald Lenny (from The Simpsons) as Douglas Milhouse (from The Simpsons) as Oliver Nelson (from The Simpsons) as Diesel Skipper (from Skipper & Skeeto) as Skarloey Skeeto (from Skipper & Skeeto) as Rheneas 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 . Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. Join Facebook to connect with Jerry Thompson and others you may know. doug percy jerry thompson - edrobd.org Evidence of Prior Uncharged Misconduct. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. United States v. Burke, 948 F.2d 23 (1st Cir. . [W]hen you retire to that Jury Room after evaluating the credibility of Mr. Percy, listening to all the Evidence, you're going to have doubts." Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. 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. The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. In any event, as explained in Part III infra, Featheringill's testimony was not relevant to the material fact of Thompson's access to the murder weapon and therefore should not have been admitted. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. Douglas Percy Thompson Born: 3 . A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. The convictions must be reversed because a "fair trial is required for every defendant, regardless of his apparent guilt or the magnitude of the crimes he may have committed." . Jerry Thompson is on Facebook. There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.See footnote 6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June. But, the acts that [Thompson] committed up there, as they related to his case are proof of his guilt here; that's the whole reason you were able to hear it. It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir.1996) (internal quotation marks omitted). 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. 285, 102 L.Ed.2d 265 (1988). 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." Unnecessary and inflammatory detail may require reversal. Also known as Jerry Gthompson. Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.7. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. Lannan, 600 N.E.2d at 1338. ), APPEAL FROM THE MARION SUPERIOR COURT The Honorable John R. Barney Jr., Judge Cause NO. Far more importantly what somebody has to lose. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. The State's closing argument was replete with references to the Crandall murder, to the extent that an uninformed reader would assume that Thompson was being tried for the Crandall murder in this case. 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 OCTOBER 27, 2002, THOMPSON WAS FOUND DEAD IN THE RECREATION AREA OF A CELLBLOCK ON "X ROW" AT THE INDIANA STATE PRISON IN MICHIGAN CITY, INDIANA. Id. Mar 3, 2022 Mar 3, 2022; Facebook; Twitter; WhatsApp; SMS; . The defense closed by cautioning the jury that the State wants to try and bootstrap the events of February 14th, 1991, into scaring you into convicting Jerry Thompson for the events of March 14th. Pointing to Percy's own testimony that he was not always truthful, the defense urged that Percy was a liar who implicated Thompson to avoid prosecution for altering a vehicle identification number and possible culpability for his role in the three killings.
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