Majors v. State





ATTORNEY FOR APPELLANT:                 ATTORNEYS FOR APPELLEE:

KATHERINE A. CORNELIUS            KAREN M. FREEMAN-WILSON
Marion County Public Defender                Attorney General of Indiana
Indianapolis, Indiana
                                        ADAM DULIK
                                        Deputy Attorney General
                                        Indianapolis, Indiana



                                   IN THE

                          SUPREME COURT OF INDIANA


RENE MAJORS,                                 )
                                        )
      Appellant-Defendant,              )
                                        )    Supreme Court Cause Number
            v.                          )    49S00-0004-CR-254
                                        )
STATE OF INDIANA,                       )
                                        )
      Appellee-Plaintiff.                    )


                    APPEAL FROM THE MARION SUPERIOR COURT
                             CRIMINAL DIVISION 5
                     The Honorable Gary L. Miller, Judge
                       Cause No.  49G05-9805-CF-083454


                              ON DIRECT APPEAL

                                June 6, 2001

RUCKER, Justice


      Following a jury trial,  Rene  Majors  was  convicted  of  murder  and
robbery in connection with the beating  death  of  her  eighty-four-year-old
former landlord Roberta Higginson.  In this  direct  appeal,  Majors  raises
two issues for our review:  (1) is the evidence sufficient  to  support  her
murder conviction; and  (2)  did  the  trial  court  err  by  allowing  into
evidence  testimony  concerning  an  incident  that  occurred  between  Mrs.
Higginson and Majors two days before the murder.
      The evidence is sufficient and finding no error, we affirm  the  trial
court.

                                    Facts

      The facts most favorable to the verdict show that in the early morning
hours of May 15, 1998, Majors approached William Rivers at  an  Indianapolis
liquor store and told him that she wanted to “get high,”  but  she  did  not
have any money.  R. at 286.  Majors said that she was going to the  home  of
Roberta Higginson, her eighty-four-year-old former landlord,  “to  get  some
money.”  R. at 286.  She invited Rivers to  go  with  her,  and  he  agreed.
When they arrived at Mrs.  Higginson’s  home,  she  let  them  both  inside.
Majors talked with Mrs. Higginson in the living room, and  after  some  time
had passed, Majors picked up a beer stein and struck Mrs. Higginson  in  the
head three or four times.  Majors then stated that  Mrs.  Higginson  had  “a
lot of money and guns” in the house, and Rivers responded that  they  should
“get them and get out.”  R. at 290.
      Rivers left the living room in search of guns.  When  he  returned  he
saw Majors strike Mrs. Higginson in the head with a  walking  cane  five  or
six times while Mrs. Higginson was sitting in a chair.  Mrs. Higginson  fell
out of the chair onto the floor, and Majors kicked her.
Majors and Rivers took a blue suitcase, strongbox,  money,  shotgun  shells,
and two guns from Mrs. Higginson’s home.  They then sold the guns  and  used
the proceeds to purchase crack cocaine.
      Later that morning, Majors and Rivers  returned  to  Mrs.  Higginson’s
home to retrieve a hat and hairpiece they had left behind.   Mrs.  Higginson
was still lying on the floor by the chair.  Majors  and  Rivers  moved  Mrs.
Higginson’s body to the basement steps.  A subsequent autopsy revealed  that
Mrs. Higginson died from multiple blunt force injuries to the head.
      A jury convicted Majors of murder, felony murder,  and  robbery.   The
trial court vacated the felony murder  conviction.   The  trial  court  then
ordered Majors to serve consecutive sentences of sixty-five  years  for  the
murder conviction and eight years for the robbery conviction.   This  direct
appeal followed.  Additional facts are set forth below where relevant.

                                 Discussion

                                     I.
      Majors first contends the evidence  is  insufficient  to  support  her
conviction for murder. More specifically, she complains that  the  testimony
of William Rivers, the only eyewitness to the event, was incredibly  dubious
given “his attitude regarding prison time,  his  career  as  a  professional
liar and the manner in which his memory  improved  after  having  access  to
crime scene photos and the probable cause affidavit.”  Br. of  Appellant  at
22.  Under the incredible dubiosity rule, a court will impinge on  a  jury’s
responsibility to judge witness credibility
only when  confronted  with  inherently  improbable  testimony  or  coerced,
equivocal,  wholly  uncorroborated  testimony   of   incredible   dubiosity.
Tillman  v.  State,  642  N.E.2d  221,  223  (Ind.  1994).   The  incredible
dubiosity rule, however, is limited to cases where a sole  witness  presents
inherently contradictory testimony which  is  equivocal  or  the  result  of
coercion and there is a complete lack  of  circumstantial  evidence  of  the
defendant’s guilt.  Id.
      In this case, there is circumstantial evidence of Majors’ guilt.   The
police found Majors’ fingerprints in Mrs.  Higginson’s  home.   R.  at  585,
589.  Further, the police found two blue suitcases, one  of  which  had  the
name “R. Higginson” tagged onto  it,  and  a  pair  of  black  sweatpants[1]
stained with blood in the basement of Majors’ mother’s house.   R.  at  553-
54,  739-41.   Subsequent  DNA  testing  revealed  that  the  blood  on  the
sweatpants was that of Mrs. Higginson.  R. at 711.   Because  circumstantial
evidence of Majors’ guilt exists, her reliance on the  incredible  dubiosity
rule is misplaced.  See White v. State, 706 N.E.2d 1078,  1080  (Ind.  1999)
(holding that the incredible dubiosity rule did not apply because there  was
circumstantial evidence of the defendant’s  guilt,  namely,  his  shirt  and
bandana were found near the crime scene).  As such, no  basis  for  applying
this rule exists, and Majors’ request simply amounts to  an  invitation  for
us to reweigh the evidence, which we will not do.
                                     II.
      Next, Majors contends the trial court erred by allowing into  evidence
testimony  concerning  an  incident  that  occurred  between  her  and  Mrs.
Higginson two days before the
murder.   Officer  Marvin  Barlow  of  the  Indianapolis  Police  Department
testified to the following events at trial:  on May 13, 1998, he was  called
to Mrs. Higginson’s home; when he arrived, Mrs. Higginson was in  her  front
yard screaming and waving a gun; he calmed Mrs. Higginson down and took  the
gun from her; Mrs. Higginson told him that Majors had been living  with  her
three weeks but had not paid any  rent  and  she  wanted  Majors  to  leave;
Majors, who was crying and sitting on Mrs. Higginson’s front porch with  her
belongings, confirmed that she had not paid any rent; and he  helped  Majors
move her belongings to  another  person’s  house.   R.  at  184-89.   Majors
contends that Officer Barlow’s  testimony  is  inadmissible  because  it  is
irrelevant and unduly prejudicial.  The State, on the other hand,  maintains
that Officer Barlow’s testimony is admissible to show Majors’ motive.
      Relevant evidence  is  “evidence  having  any  tendency  to  make  the
existence of any fact that is of consequence to  the  determination  of  the
action more  probable  or  less  probable  than  it  would  be  without  the
evidence.”  Ind. Evidence Rule 401.  Generally speaking,  relevant  evidence
is admissible,  and  irrelevant  evidence  is  inadmissible.   Evid.R.  402.
“[E]vidence of motive is always relevant in the proof of a crime.”  Cook  v.
State, 734 N.E.2d 563, 567 (Ind. 2000),  reh’g  denied.   However,  relevant
evidence  may  nevertheless  be  excluded  if   its   probative   value   is
substantially outweighed by the danger of unfair prejudice.  Evid.R. 403.
      Majors argues that Officer Barlow’s testimony  is  irrelevant  because
“[Mrs. Higginson’s] threat against Ms. Majors did  not  establish  a  motive
for any future conduct.”  Br. of Appellant  at  10.   We  disagree.   Rivers
testified at trial that after he and Majors left Mrs. Higginson’s  home  the
first time, he asked Majors why she killed Mrs. Higginson.  When asked  what
Majors’ response to his question was, Rivers testified to the following:
      She [Majors] said her and [Mrs.] Higginson had gotten  into  it  about
      three days earlier and that [Mrs.] Higginson had pulled a gun  on  her
      and stuck the gun in
      her mouth and made her crawl around on the floor  for  about  an  hour
      until she
      was able to convince [Mrs.] Higginson  to  call  the  police  and  the
      police came and escorted Rene from [Mrs.] Higginson’s house  and  took
      uh—the gun from [Mrs.] Higginson.


R. at 303.  Officer Barlow’s testimony relates to this same event and  takes
up, in more detail, where Mrs. Higginson called the police.  Together,  this
evidence  makes  it  more  probable  that  Majors  robbed  and  killed  Mrs.
Higginson in retaliation for Mrs. Higginson’s  aggression  two  days  before
the murder.
      Additionally, Majors argues that even if Officer Barlow’s testimony is
relevant, it is unfairly  prejudicial  because  “the  jury  was  allowed  to
consider her to be a shiftless,  irresponsible  sort  of  person.”   Br.  of
Appellant at 16-17.  Again we disagree.  Officer Barlow’s testimony  focused
primarily,  if  not  exclusively,  on  Mrs.  Higginson’s  prior  misconduct.
Majors even seems to admit  as  much,  stating  in  her  brief  that  “[t]he
incident really did not involve any ‘bad  act’  by  Ms.  Majors,  since  the
evidence merely showed she was Mrs. Higginson’s victim.”  Br.  of  Appellant
at 9.  Thus, the probative value  of  Officer  Barlow’s  testimony  was  not
substantially outweighed by the danger of unfair prejudice.
      The decision to admit evidence is within the sound discretion  of  the
trial court, and its decision is afforded  a  great  deal  of  deference  on
appeal.  Bacher v. State, 686 N.E.2d 791, 793 (Ind.  1997).   We  will  only
reverse a trial court upon a showing that the trial court manifestly  abused
its discretion and the defendant was denied  a  fair  trial.   Henderson  v.
State, 455 N.E.2d 1117, 1119 (Ind. 1983).  There was no abuse of  discretion
here.

                                 Conclusion

      We affirm the trial court.
SHEPARD, C.J., and DICKSON and SULLIVAN, JJ., concur
BOEHM, J., concurs in result.


-----------------------
      [1]  Rivers testified that Majors wore a “black jogging  suit”  during
the crime.  R. at 361.