MEMORANDUM DECISION FILED
Pursuant to Ind. Appellate Rule 65(D), Apr 12 2017, 9:18 am
this Memorandum Decision shall not be CLERK
Indiana Supreme Court
regarded as precedent or cited before any Court of Appeals
and Tax Court
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Evan K. Hammond Curtis T. Hill, Jr.
Grant County Public Defender Attorney General of Indiana
Marion, Indiana
Angela N. Sanchez
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Melanie Marie Thinnes, April 12, 2017
Appellant-Defendant, Court of Appeals Case No.
27A02-1606-CR-1305
v. Appeal from the Grant Superior
Court
State of Indiana, The Honorable Jeffrey D. Todd,
Appellee-Plaintiff. Judge
Trial Court Cause No.
27D01-1410-FB-48
Pyle, Judge.
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Statement of the Case
[1] Melanie Thinnes (“Thinnes”) appeals her convictions by jury of Class B felony
causing death when operating a motor vehicle with a schedule I or II controlled
substance in the blood;1 Class C felony criminal recklessness resulting in serious
bodily injury;2 Class D felony causing bodily injury while operating a motor
vehicle while intoxicated with a Schedule I or II controlled substance;3 two
counts of Class D felony possession of a controlled substance; 4 and Class A
misdemeanor possession of marijuana,5 as well as the sentence imposed
thereon. Thinnes specifically argues that the trial court abused its discretion in
denying her motion for a mistrial and in sentencing her. Concluding that the
witness’ testimony did not place Thinnes in a position of grave peril and that
Thinnes’ sentence was not against the logic and effect of the facts and
circumstances before the trial court, we affirm the trial court’s judgment and
sentence.
[2] We affirm.
1
IND. CODE § 9-30-5-5
2
IND. CODE § 35-42-2-2.
3
I.C. § 9-30-5-4.
4
I.C. § 35-48-4-7.
5
I.C. § 35-48-4-11.
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Issues
1. Whether the trial court abused its discretion in denying
Thinnes’ motion for a mistrial.
2. Whether the trial court abused its discretion in sentencing her.
Facts
[3] At approximately 7:30 a.m. on June 27, 2014, Robert Sater (“Sater”) was
driving northbound on 400 East near Gas City when he noticed that twenty-
two-year-old Thinnes, who was approaching him in the southbound lane in a
Jeep, appeared to be falling asleep. As Thinnes’ Jeep crossed the centerline into
his lane, Sater swerved and drove off the road into the front yard of a nearby
home. Chelsea Blackburn (“Blackburn”) and her boyfriend, Derek Comer
(“Comer”), had been driving a short distance behind Sater. Blackburn was
driving, and Comer was in the front passenger seat. After Sater swerved off the
road, he looked up at his rearview mirror and saw Thinnes’ Jeep collide with
Blackburn’s van. Comer, whose legs were crushed, was unable to get out of the
van. Rescue workers were able to extricate him; however, he died at the scene.
Blackburn was taken to the hospital with a broken ankle and dislocated wrist.
[4] The impact of the collision sent Thinnes’ Jeep into a culvert at the side of the
road. Sater, who smelled gasoline in the area of the Jeep, yelled at Thinnes to
get out of the car. Thinnes crawled out of the Jeep’s window and pulled herself
up to the roof of the car. She was crying and stated that this crash was just like
a previous crash in which she had been involved.
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[5] Thinnes was taken to the hospital for a blood draw, and the police interviewed
her later that day. During the interview, Thinnes mentioned the prior crash in
which she had been involved. Someone had died in the crash, but no charges
had ever been filed against Thinnes. Also during the interview, Thinnes
explained that she had been up all night with a friend the previous night and
had taken an Adderall at approximately 3:00 a.m. to help her stay awake.
Thinnes did not have a prescription for Adderall. She also admitted that she
had smoked marijuana at some point in the recent past. Thinnes’ blood tests
were positive for THC and THC carboxy, the active ingredient in marijuana
and its metabolite, and amphetamines. A search of her car revealed a partially
burned marijuana cigarette as well as an amphetamine tablet and a Xanax
tablet together in a small plastic bag.
[6] Four months after the accident in October 2016, the State charged Thinnes
with: (1) Class B felony causing death when operating a motor vehicle with a
schedule I or II controlled substance in the blood for causing Comer’s death; (2)
Class C felony criminal recklessness resulting in serious bodily injury for
injuring Blackburn’s ankle and/or wrist; (3) Class D felony causing serious
bodily injury when operating a vehicle while intoxicated with a schedule I or II
controlled substance for injuring Blackburn’s ankle and/or wrist; (4-5) two
counts of Class D felony possession of a controlled substance for possessing the
amphetamine and Xanax tablets; and (6) Class A misdemeanor possession of
marijuana for possessing the partially burned marijuana cigarette.
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[7] Before trial, Thinnes filed a motion in limine wherein she asked the trial court
to order counsel and all witnesses to refrain from mentioning her prior car
accident. The trial court granted the motion. In order to comply with the trial
court’s order, the State told its first witness, Sater, not to mention the prior
accident. However, during direct examination, while Sater was describing
Thinnes’ appearance and actions immediately after the accident, Sater
mentioned that Thinnes said, “this is the same thing that happened . . . .” (Tr.
60). The State promptly interrupted Sater and clarified that it only wanted to
know about Thinnes’ appearance after the accident. Outside the presence of the
jury, Thinnes moved for a mistrial based upon the violation of the motion in
limine. Specifically, Thinnes argued that “the words ‘this same thing
happened,’ . . . would suggest to the jury that . . . she had a significant collision
before. . . .” (Tr. 63). The State responded that Sater never mentioned a crash,
and even if the jury made an inference that there as a prior crash, Sater never
mentioned that someone else had died. The trial court took the matter under
advisement, and after a short recess, denied Thinnes’ motion. The trial court
specifically explained that there “was no elaboration on ‘thing,’ or even if it
[had] happened to . . . [Thinnes].” (Tr. 66). At Thinnes’ request, the trial court
admonished the jury to disregard the last answer given by the witness.
[8] The evidence presented at trial revealed that Blackburn, who was Thinnes’
cousin, had had plates and screws placed in her ankle and that her ankle was
still swollen two years after the accident. In addition, medical testimony
revealed that a compound fracture in Comer’s thigh bone tore the blood vessels
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behind his knee and caused him to bleed to death. Specifically, the Grant
County Coroner testified that Comer “bled out from injuries that he received
during the collision.” (Tr. 121). The jury convicted Thinnes of all charges.
[9] At the sentencing hearing, Thinnes testified that she had an almost one-year-old
son and that she took care of her father for four to eight hours per day. Thinnes
also testified that she had completed substance abuse treatment in Florida after
the accident. According to Thinnes, the treatment program had changed her
life. However, she had not followed the treatment program recommendations
after she returned to Indiana.
[10] At the end of the sentencing hearing, the trial court pointed out that in her
police interview shortly after the accident, Thinnes was “haughty, disdainful,
offhanded, and [had no concern for [anything that was] important or serious.”
(Tr. 396). The trial court further doubted that Thinnes had changed because
she had not followed through with recommendations after being discharged
from the Florida treatment program. The trial court explained that if it could
pick a sentence “based upon emotion only and not the law,” it would give
Thinnes the maximum sentence because her actions resulted in the death of
another human being. (Tr. 397). However, the trial court pointed out that it
would not so sentence her because her actions were not the worst of the worst.
Specifically, the trial court explained that it found the following mitigating
circumstances: (1) Thinnes did not have a juvenile or criminal history; (2) a
long period of imprisonment would be a significant hardship on her young child
and father; and (3) Thinnes was young and more likely to learn from her bad
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choices. The court further found as an aggravating circumstance that the
imposition of a sentence less than the advisory sentence would depreciate the
seriousness of the crimes.
[11] The trial court also explained that because of the aggravating circumstance, and
despite the mitigating circumstances, the court would sentence Thinnes to the
advisory sentence on each count. The court therefore sentenced Thinnes as
follows: (1) ten years with two years suspended for the Class B felony
conviction; (2) four years for the Class C felony conviction; (3) one and one-half
years for each of the three Class D felony convictions; and (4) one year for the
Class A misdemeanor conviction. The trial court further ordered all of the
sentences to run concurrently to each other for a total executed sentence of
eight (8) years in the Department of Correction. In addition, the trial court
noted that it would recommend that Thinnes be sentenced to a “purposeful
incarceration.” (Tr. 399). The trial court explained that this was a program in
the Department of Correction that would provide her with addiction and
mental health treatment. The trial court further explained that it would
consider modifying her sentence once she had successfully completed the
program and been incarcerated for six years. Thinnes now appeals her
convictions and sentence.
Decision
[12] Thinnes argues that the trial court abused its discretion in denying her motion
for a mistrial and in sentencing her. We address each of her contentions in
turn.
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1. Denial of Mistrial
[13] Thinnes first argues that the trial court abused its discretion by denying her
motion for a mistrial. The grant or denial of a mistrial lies within the sound
discretion of the trial court. Brittain v. State, 68 N.E.3d 611, 619 (Ind. Ct. App.
2017). We reverse a trial court only when an abuse of discretion is clearly
shown. Id. We afford the trial court such deference on appeal because the trial
court is in the best position to evaluate the relevant circumstances of an event
and its impact on the jury. Id. at 620. The declaration of a mistrial is an
extreme action that is warranted only when no other action can be expected to
remedy the situation. Kemper v. State, 35 N.E.3d 306, 309 (Ind. Ct. App. 2015),
trans. denied.
[14] To prevail on appeal from the denial of a motion for a mistrial, the appellant
must demonstrate that the statement or conduct in question was so prejudicial
and inflammatory that she was placed in a position of grave peril to which she
should not have been subjected. Brittain, 68 N.E.3d at 620. We determine the
gravity of the peril based upon the probable persuasive effect of the misconduct
on the jury’s decision rather than upon the degree of impropriety of the
conduct. Id.
[15] Even if evidence of uncharged misconduct is heard by the jury, a prompt
admonishment to the jury to disregard the improper testimony is usually
enough to support the denial of a motion for mistrial. Greenlee v. State, 655
N.E.2d 488, 490 (Ind. 1995). To determine if testimony of prior uncharged
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misconduct should warrant a new trial, the circumstances must be analyzed as
to whether the evidence was intentionally injected or came in inadvertently and
as to what degree the defendant was subjected to improper speculation by the
jury. Id.
[16] At trial, Sater testified that after the accident, while Thinnes was sitting on the
roof of her car in the gulley, she stated, “this is the same thing that happened . .
. .” (Tr. 60). The trial court immediately admonished the jury to disregard the
last answer given by Sater. This admonishment, together with the strong
presumption that juries follow courts’ instructions and that an admonition cures
any error, supports the trial court’s denial of Thinnes’ motion. See Lucio v. State,
907 N.E.2d 1008, 1011 (Ind. 2009).
[17] Further, the parties agree that this was inadvertent testimony by a civilian
witness, that no other witness provided any evidence regarding Thinnes’
statement during the three-day trial, and that the State made absolutely no
reference to this statement in its closing statement to the jury or at any other
time during the trial. We agree with the State that the “statement was isolated,
brief, and vague, and that the State did not emphasize or exploit it in any way.”
(State’s Br. 10). Based on these facts and circumstances Thinnes was not placed
in a position of grave peril, and the trial court did abuse its discretion in denying
her motion for a mistrial. See Lucio, 907 N.E.2d at 1011.
2. Sentence
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[18] Thinnes also argues that the trial court abused its discretion in sentencing her. 6
Sentencing decisions rest within the sound discretion of the trial court.
Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007). So long as the sentence is
within the statutory range, it is subject to review only for an abuse of discretion.
Id. An abuse of discretion occurs if the decision is clearly against the logic and
effect of the facts and circumstances before the court or the reasonable,
probable, and actual deductions to be drawn therefrom. Id. at 491. A trial
court may abuse its discretion in a number of ways, including: (1) failing to
enter a sentencing statement at all; (2) entering a sentencing statement that
includes aggravating and mitigating factors that are unsupported by the record;
(3) entering a sentencing statement that omits reasons that are clearly supported
by the record, or (4) entering a sentencing statement that includes reasons that
are improper as a matter of law. Id. at 490-91.
[19] Thinnes alleges none of the possible abuses of discretion that are set forth in
Anglemyer. Instead she argues that she “should have been sentenced to the
minimum sentence based on the court identified mitigating factors.” (Thinnes’
Br. 15). According to Thinnes, “[i]t is clear from the record that more
mitigating factors were identified; however, Thinnes received a sentence above
6
[1] We note that despite stating the issue in her appellate brief as whether her sentence is inappropriate,
Thinnes does not cite to Indiana Appellate Rule 7(B), which provides that this Court may revise a sentence
authorized by statute if we find that the sentence is inappropriate in light of the nature of the offense and the
character of the offender. In addition, Thinnes presents no argument whatsoever addressing either the nature
of her offense or her character. Thinnes has, therefore, waived any argument that her sentence is
inappropriate. See Williams v. State, 891 N.E.2d 621, 633 (Ind. Ct. App. 2008).
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the minimum.” (Thinnes’ Br. 15). This is essentially an argument that the trial
court improperly weighed the aggravating and mitigating factors. However,
Anglemyer makes clear that, when imposing a sentence, a trial court “no longer
has any obligation to ‘weigh’ aggravating and mitigating factors against each
other” and thus “a trial court can not now be said to have abused its discretion
in failing to ‘properly weigh’ such factors.” Id. at 491. Thinnes’ argument
therefore fails. The trial court did not abuse its discretion in sentencing her.
[20] Affirmed.
Baker, J., and Mathias, J., concur.
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Melanie Marie Thinnes v. State of Indiana (mem. dec.)
Combined Opinion