Preview:

ATTORNEY FOR APPELLANT Adam C. Squiller Auburn, Indiana

ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana Henry A. Flores, Jr. Deputy Attorney General Indianapolis, Indiana

In the

FILED
Oct 18 2011, 10:21 am
of the supreme court, court of appeals and tax court

Indiana Supreme Court
No. 17S00-1008-CR-684 JEFFERY W. CAIN,

CLERK

Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below).

Appeal from the DeKalb Superior Court, No. 17D01-0905-MR-001 The Honorable Kevin P. Wallace, Judge On Direct Appeal from a Sentence of Life Without Parole

October 18, 2011 Shepard, Chief Justice.

Jeffery Cain was convicted of murder and robbery and sentenced to life without the possibility of parole. He appeals both his conviction and his sentence, claiming a co-defendant's testimony was improperly admitted at the guilt phase of his trial and that the prosecutor made inappropriate arguments during the sentencing phase. We affirm.

Facts and Procedural History

In early May 2009, Cain was unemployed and living in Florida when he met Matthu Sanders. Sanders convinced Cain that there were job opportunities in Indiana, and the two of them traveled by motorcycle to Orland, Indiana. At some point, either during the trip or after arrival, Cain's motorcycle broke down and he was left without money or transportation, unable to return to Florida on his own.

In Indiana, Cain and Sanders stayed at the mobile home of Matthew Nelson, a long-time family friend of Sanders. Cain was also introduced by Sanders to a childhood friend, Clinton Daniel Hess. Hess had a long-standing dispute with one Raymond Morrow, to whom Hess owed $4000. Morrow owned and operated a flea market in DeKalb County.

On the afternoon of May 15, 2009, Morrow was found dead in his flea market. He had been shot three times: once in the back, once in the chest, and once in the head. The lock of his cash register had also been shot and the contents scattered about. Another bullet was found nearby, having passed through several clocks on a shelf. Morrow's wallet had been taken, along with several money bags from the cash drawer and some collectible coins. A Ruger Super Red Hawk and a Meriden revolver were missing from a display, as was a 9mm pistol that Morrow was known to carry in a holster on his hip. Detective Mark Heffelfinger of the Indiana State Police began to investigate Morrow's murder, but after several days he had few leads. Then, on May 18, 2009, police in DeKalb County conducted an unrelated controlled buy of methamphetamine from Sanders. The buy took place at Nelson's trailer. After Sanders was arrested, a subsequent search of the trailer revealed two guns: a .44-.40 Vaquero revolver and a Ruger Super Red Hawk. One of the officers at the

2

scene was aware that a Ruger Super Red Hawk was missing from the Morrow murder and contacted Detective Heffelfinger.1 Detective Heffelfinger confirmed that the Super Red Hawk found at Nelson's mobile home was the missing weapon, and ballistics tests later identified the .44-.40 Vaquero as the gun that killed Morrow and shot the cash register and clocks. Subsequent interviews with Sanders, Nelson, Hess, and others implicated Cain as Morrow's murderer. (Tr. at 302

Download Jeffery W. Cain v. State of Indiana.pdf

Indiana Law