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Rawley v. State

Court: Indiana Supreme Court
Date filed: 2000-02-25
Citations: 724 N.E.2d 1087
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12 Citing Cases

ATTORNEYS FOR APPELLANT

Susan K. Carpenter
Public Defender of Indiana

J. Michael Sauer
Deputy Public Defender
Indianapolis, Indiana


ATTORNEYS FOR APPELLEE

Jeffrey A. Modisett
Attorney General of Indiana

Arthur Thaddeus Perry
Deputy Attorney General
Indianapolis, Indiana



      IN THE

      SUPREME COURT OF INDIANA



JAMES R. RAWLEY,                        )
                                  )
      Appellant (Defendant Below),      )
                                  )
            v.                          )     Indiana Supreme Court
                                  )     Cause No. 53S00-9803-CR-153
STATE OF INDIANA,                 )
                                  )
      Appellee (Plaintiff Below).       )


      APPEAL FROM THE MONROE CIRCUIT COURT
      The Honorable Kenneth G. Todd, Judge
      Cause No. 53C03-9612-CF-721


      ON DIRECT APPEAL


                              February 25, 2000
BOEHM, Justice.
      James R. Rawley was convicted of  the  murders  of  Renee  Rawley  and
Kristina Jenkins and  was  sentenced  to  two  terms  of  life  imprisonment
without parole to run consecutively.  In this direct appeal Rawley  contends
that the trial court erred by: (1) admitting statements he  gave  to  police
while in custody and (2) failing to comply  with  statutory  and  decisional
law requirements in imposing his  sentences  of  life  without  parole.   We
affirm the convictions, but remand for a new sentencing order.

                      Factual and Procedural Background

      On August 23, 1996, police found two dead bodies in a trailer owned by
Renee Rawley.  Both were severely decomposed and could not be identified  by
sight, but police inferred that they were the bodies  of  the  residents  of
the trailer, Renee and her daughter Kristina Jenkins.  Both  had  been  shot
in the head with a .22 caliber gun and police found .22 caliber casings  and
a flattened bullet in the trailer.  Several items  were  missing,  including
two televisions, a computer,  a  game  system,  a  cordless  telephone,  and
Renee’s van.
      James Rawley, Renee’s ex-husband, had reportedly threatened  her,  and
the investigation soon focused on him.  At the time, Rawley  was  living  in
Kentucky with Linda Carter.  Police  interviewed  Carter  and  learned  that
Rawley had returned from  Indiana  on  August  19  in  Renee’s  van  with  a
cordless telephone of Renee’s and  had  sold  the  van  a  few  days  later.
Further investigation revealed that Rawley had been in Indiana at  the  time
of the murders and  had  pawned  a  game  system,  two  televisions,  and  a
computer in Madison, Indiana.  A Browning .22 caliber gun  had  been  stolen
from Carter’s neighbors and on August 20, Rawley had  attempted  to  sell  a
.22 caliber gun to an acquaintance.
      Rawley  called  Carter  several  times  during  the  course   of   the
investigation.  After one of these calls Carter led police  to  an  arranged
rendezvous near Carter’s home  in  Carroll  County,  Kentucky.   Rawley  was
arrested at approximately 7:00 p.m. on August 25.  Detective  Swain  of  the
Monroe County Indiana Sheriff’s Department interviewed him  in  the  Carroll
County jail until 11:00 p.m. when  Rawley  requested  an  attorney  and  the
interview was stopped.  For two days Rawley was held in  an  isolation  cell
in Carroll County.  On August 27, he was allowed to call  either  Carter  or
Sheriff Maiden of Carroll County.  Rawley called Carter.  Carter  was  upset
by the murders and told Rawley that the police were  threatening  to  arrest
her.  Rawley told Carter he would talk to Sheriff Maiden if Carter would  be
permitted to see him.  Carter then called Maiden and  reported  that  Rawley
had called her and wanted to talk to him.  After Rawley  was  again  advised
of his Miranda rights and signed a waiver, he spoke at  length  with  Maiden
until again invoking his right to counsel.[1]
      In this statement, Rawley told Maiden that he had been in Indiana with
Renee the weekend before she was killed.  He claimed  that  they  had  spent
Friday and Saturday together and that Renee had given  him  her  van  if  he
would  make the payments on it.  He also told  Maiden  that  he  had  a  .22
caliber gun and had thrown it in the river when he learned that police  were
looking for him in connection with Renee’s murder.  Finally, Rawley said  he
did not know who had killed Renee and Jenkins.
      Later that same day, Rawley phoned Carter.  Sheriff Maiden was at  the
time conducting a search on Carter’s property for a gun.   Rawley  ended  up
speaking to Maiden and told Maiden that he had thrown a gun into a  pond  on
Carter’s property.  A gun recovered from the  pond  proved  to  be  the  one
stolen from Carter’s neighbor and was  conclusively  determined  to  be  the
murder weapon.  Rawley was convicted in  a  jury  trial  of  two  counts  of
murder.  The trial court followed the jury’s  recommendation  and  sentenced
Rawley to two terms of life imprisonment without parole.

                  I.  Rawley’s Statements while in Custody

      Rawley  contends  that  the  trial  court  erroneously  admitted   his
statements to Sheriff Maiden because his interrogation  continued  after  he
requested an attorney and also because his waiver of rights was  the  result
of “psychological  coercion”  by  the  police.   More  specifically,  Rawley
argues that because he was held  incommunicado  for  forty-eight  hours  and
then allowed to call only  the  Sheriff  or  Carter,  who  he  contends  was
actively cooperating with the police,  the  police  initiated  contact  with
Rawley and “effectively resumed  interrogation”  in  violation  of  Rawley’s
Miranda rights.  Rawley also contends that the waiver of  rights  he  signed
before his communication with  Maiden  was  not  knowing,  intelligent,  and
voluntary because  of  police  pressure  on  Carter  and  his  incommunicado
detention.  The State replies  that  the  statement  was  properly  admitted
because Rawley initiated the conversation with the  police  after  asserting
his right to counsel and there were no threats or promises  made  to  obtain
his waiver of rights or his statement.  The State also  argues  that  Carter
was not Rawley’s spouse or even his girlfriend, and  therefore  any  threats
against her would not rise to the same level of coercion as threats  against
a spouse.  Moreover, holding a suspect incommunicado for  forty-eight  hours
is claimed to be justified, indeed routine, in Carroll County  where  courts
do not sit every day.
      Carter’s relationship to the police is controverted.  Carter testified
that there was none and  that  she  contacted  Sheriff  Maiden  at  Rawley’s
request and was motivated to act only “because I wanted to know . . . if  he
would tell me anything, I guess I was curious . . . .”  Rawley’s version  of
these events is slightly different.  He claims that when he  called  Carter,
she was upset and crying and told him that the police  were  threatening  to
arrest her.  Rawley further claims that it was Carter’s idea, not his,  that
he talk to the Sheriff.  Although the State may have plausible  support  for
its position as to what seems at least an unusual series of events, we  need
not resolve these issues because any error in admitting Rawley’s  statements
was harmless.
      Violations of Miranda are subject to harmless error analysis under the
standard established in Chapman v. California, 386 U.S. 18,  24  (1967):   a
conviction will not be reversed if the State can show “beyond  a  reasonable
doubt that the error  complained  of  did  not  contribute  to  the  verdict
obtained.”  See Houser v. State, 678 N.E.2d 95, 102  n.8  (Ind.  1997).   In
this case, the State presented  overwhelming  evidence  of  Rawley’s  guilt.
Rawley threatened Renee shortly before the crime; he  was  near  Bloomington
at the time of the  crime;  he  pawned  several  items  taken  from  Renee’s
trailer; he sold a van belonging to Renee; and shortly  after  the  murders,
he was seen with a gun similar  to  the  one  that  killed  Renee.  Finally,
police found the murder weapon in a pond near Carter’s  house  after  Rawley
told them where he had thrown it in a telephone  conversation  that  is  not
challenged on Miranda grounds.
      Rawley argues that this evidence is not enough to  establish  harmless
error because the outcome of the  trial  depended  on  Rawley’s  credibility
which was destroyed by the prosecution’s  repeated  references  to  Rawley’s
statements to Maiden.  At trial, Rawley testified that he and  Renee  robbed
a drug dealer shortly before her death and that they intended  to  run  away
together.  Rawley claimed that when he returned from taking Renee’s dogs  to
the pound he found Renee and Jenkins dead, panicked and  fled.   In  support
of his contention that admission of his  dialog  with  Maiden  irretrievably
damaged his  credibility,  Rawley  points  to  several  items:  (1)  in  his
statement he told police the gun was in the Ohio River when actually it  was
in the pond near Carter’s house; (2) he told Maiden he  was  in  Indiana  on
Friday, but was forced to admit at trial that he did  not  get  there  until
Saturday; (3) he stated that Renee gave him  the  van,  but  was  forced  to
admit at trial that she did not; and (4) he admitted  in  his  statement  to
lying to Carter about visiting Renee and  to  Maiden  at  the  time  of  his
arrest about the gun.  Each of these  varied  from  his  account  at  trial.
However,  if  the  jury  believed  his  testimony  at  trial,  these   minor
discrepancies were explained  by  his  unwillingness  to  admit  to  another
crime, robbing  the  drug  dealer.   Overall,  the  inconsistencies  in  his
statements to police and testimony at  trial  were  minor  and  unlikely  to
affect the jury’s verdict given the weight of  the  physical  evidence.   We
conclude that any error in admitting Rawley’s statement was harmless.

                               II.  Sentencing

      The trial judge issued a two-page sentencing order which  stated  that
“the aggravating circumstances outweigh the  mitigating  circumstances”  and
sentenced Rawley to two consecutive life without parole  sentences.   Rawley
contends that  the  trial  court’s  sentencing  order  did  not  follow  the
statutory and decisional law requirements for a  sentence  of  life  without
parole.
      In Harrison v. State, 644 N.E.2d 1243, 1261-64 (Ind. 1995), this Court
held that the trial court’s sentencing order  in  a  capital  case  requires
greater  specificity  than  in  other  cases.  Requirements   include:   (1)
identification of the mitigating and aggravating  circumstances  found,  (2)
the specific reasons for those mitigators and aggravators,  (3)  that  these
factors were balanced and evaluated, (4) that  the  State  proved  beyond  a
reasonable  doubt  one  statutory  aggravator,  (5)  that  the  trial  court
considered the jury’s sentencing recommendation, and (6) the  trial  court’s
personal conclusion that the sentence  was  appropriate.   Id.  at  1261-62.
Indiana Code § 35-50-2-9 sets out the same sentencing requirements for  both
death and life without parole sentences, and  the  State  acknowledges  that
the Harrison requirements apply to sentences of  life  without  parole.  See
Ajabu v. State, 693 N.E.2d 921, 936 (Ind. 1998) (“The statute provides  that
life without parole is imposed under the same standards and  is  subject  to
the same requirements [as the death penalty].”); see also Warlick v.  State,
722 N.E.2d 809, 811 (Ind. 2000).  Moreover,  the  State  concedes  that  the
sentencing order in this case does not comply with  Harrison.   Accordingly,
we remand this case to the trial court for a new sentencing order.

                                 Conclusion

      James R. Rawley’s convictions for murder are affirmed.  This  case  is
remanded for a new sentencing order.

      SHEPARD, C.J., and DICKSON, SULLIVAN and RUCKER, JJ., concur.
-----------------------
[1]  Rawley stated on page 62 of the interview transcript that he wanted to
“stop this now and try to talk to an attorney.”  Maiden nevertheless
continued to question him for several more minutes.  The trial court
granted Rawley’s motion to suppress all statements after his request for an
attorney.  However, at trial, Rawley stated that he would prefer the entire
interview be admitted.  Because Rawley requested the admission of this
otherwise inadmissible portion of the interview, he cannot claim error to
its admission on appeal.