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Keywords

trialtestimonymotionfelonyprosecutorexculpatory evidence
defendantappealtrialmotionfelonyprosecutorcross-examinationexculpatory evidence

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Booher v. State, 773 N.E.2d 814

Facts

Mark Booher was convicted of the murder of Timothy Laflen and robbery as a class B felony. The case arose from events on January 9, 1999, when Booher was alleged to have killed Laflen after a dispute over money. The prosecution's theory suggested a motive related to a homosexual relationship, which Booher denied. Evidence presented included testimony from witnesses and police notes, which Booher claimed were suppressed by the State.

The defendant, Mark Booher, was convicted of robbery as a class B felony and for the January 1999 murder of Timothy Laflen in Indianapolis. The defendant's appeal asserts that the State failed to disclose favorable exculpatory evidence, that the State engaged in misconduct by presenting and arguing a baseless and prejudicial theory, and that the trial court erred in sentencing him for robbery as a class B felony.

Issue

Did the trial court err in denying Booher's motion to correct error regarding the suppression of exculpatory evidence and in its handling of prosecutorial misconduct claims?

The defendant contends that the trial court erred in denying his motion to correct error which sought a new trial on grounds that the State suppressed exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

Rule

The court reviews a trial court's denial of a motion to correct error for an abuse of discretion and considers whether prosecutorial misconduct constitutes fundamental error.

When ruling on a Motion to Correct Errors, the trial court sits as the initial fact finder on the issues raised, and we review the trial court's determination for an abuse of discretion.

Analysis

The court found that the trial court did not abuse its discretion in denying Booher's motion to correct error, as the evidence presented by Marrs did not rise to the level of evidence that would have changed the outcome of the trial. Additionally, the court determined that the prosecutor's questioning and arguments did not amount to fundamental error, as they did not make a fair trial impossible.

The defendant has failed to demonstrate an abuse of discretion. We decline to find error in the trial court's denial of the defendant's motion to correct error.

Conclusion

The Supreme Court affirmed the trial court's judgment, concluding that Booher's claims of error were without merit.

Considering the nature and extent of the evidence, we find that the defendant's claims of prosecutorial misconduct in this case do not constitute fundamental error, if error at all.

Who won?

The State prevailed in the case, as the court found that the trial court acted within its discretion and that the alleged prosecutorial misconduct did not constitute fundamental error.

The State correctly points out that the defense did not object to its cross-examination of Booher regarding his sexual preferences, nor did the defendant object during the prosecutor's closing argument.

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