Robert Lewis III v. State of Indiana

Summary

The Indiana Supreme Court affirmed Robert Lewis III's convictions for murder, murder in the perpetration of criminal deviate conduct, criminal deviate conduct, and resisting law enforcement. The court held that the evidence was sufficient, that omission of a reasonable-theory-of-innocence instruction was not fundamental error, and that improperly admitted habit evidence was harmless. The court reversed the life-without-parole sentence because the sentencing order lacked the trial judge's personal conclusion that the sentence was appropriate, and remanded for a revised sentencing order.

Holdings

1. The evidence was sufficient for a reasonable jury to conclude beyond a reasonable doubt that Lewis engaged in nonconsensual deviate sexual conduct through direct contact with his penis or penetration with an object.
2. The failure to give the requested reasonable-theory-of-innocence instruction was not fundamental error because the actus reus was not established exclusively by circumstantial evidence.
3. The testimony did not qualify as habit evidence under Indiana Evidence Rule 406 and was inadmissible character evidence under Rule 404(b), but its admission was harmless and did not require reversal.
4. The sentencing order was legally inadequate because it did not contain the trial judge's personal conclusion that life without parole was the appropriate punishment for Lewis and the crime.
5. Indiana Code section 35-50-2-9(g) does not require the trial court to impose life without parole once the subsection (l) conditions are satisfied; the trial court retains discretion to impose a lesser term-of-years sentence.

Questions Presented

1. Whether the evidence was sufficient to prove criminal deviate conduct.
2. Whether the trial court's failure to give a reasonable-theory-of-innocence jury instruction constituted fundamental error.
3. Whether the trial court reversibly erred by admitting testimony about Lewis's prior conduct while consuming alcohol as habit evidence under Indiana Evidence Rule 406.
4. Whether the sentencing order imposing life without parole was legally adequate and whether the trial court had discretion to impose a lesser sentence.

Disposition

reversed_and_remanded