doug percy jerry thompson

When shown the handgun allegedly used to kill Hillis and Beeler, Percy testified that it looks like the one [Thompson] always carried, and that it resembled one of the guns that was taken from Crandall's house. Although Thompson conceded that he was a passenger in the car in which the murder weapon was found three months after the killings, Thompson never offered to stipulate that he had access to the murder weapon before the crimes, or to the specific fact that he stole the weapon from Crandall in February 1991. D. Closing arguments The State lauded Percy in its closing argument as the man who helped solve both the Indianapolis killings at issue here and Crandall's murder a month earlier: [I]n the process of telling the Police Department and other Law Enforcement. Indeed, the prohibition on use of prior misconduct to prove a criminal charge is "a basic tenet of criminal evidence law older than the republic itself . Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.See footnote 6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June. Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.See footnote 7, On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. See also Swanson v. State, 666 N.E.2d 397 (Ind.1996) (although common-law doctrine of res gestae did not survive enactment of Indiana Rules of Evidence, facts that are part of the story of the crime are admissible if relevant within the meaning of Evidence Rule 401). 7. The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. Please try again. We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. We cannot conclude that these evidentiary errors were harmless. One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. A forensic pathologist who testified as to the causes of death of Hillis and Beeler was coincidentally the same doctor who performed Wesley Crandall's autopsy. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). Although the State conceded that Percy had some culpability in both crimes, Percy's role was distinguished from Thompson's: All of us know Doug Percy is not blameless in this, and at the very least, he assisted Jerry Thompson, after these horrible murders were committed [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. One of the defendants had killed the possessor of the car (who apparently had stolen the vehicle himself) before the car was driven from Indiana to Illinois. He appeals. It also placed Percy himself at each of these crime scenes. Thompson filed a motion in limine before trial objecting to the admission of any evidence related to Crandall's death, including the fact of Thompson's conviction for that murder. Sign up for our free summaries and get the latest delivered directly to you. The State did not refer at this stage, however, to the point for which evidence of the Crandall murder was originally held to be admissible -- to show that Thompson had access to the murder weapon before the crimes. 13. The defense responded that the conviction was: (1) impermissible bolstering of Percy; (2) irrelevant to proving what happened at Hillis Auto Sales on the day of the murders; and (3) too prejudicial to be outweighed by any probative value. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. Join Facebook to connect with Jerry Thompson and others you may know. The details of the prior murder were irrelevant. In and of itself, no. In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a .22 derringer that was sold to a third party. Even oblique or apparently innocuous references to prior convictions are impermissible. He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. What particular parts of this mass might be fair rebuttal will, of course, depend on how the two parties elect to shape the presentation of their principal cases. You are here: cape breton post latest obits; david caruso art business; doug percy jerry thompson . As Brewer put it, in the latter situation [t]he killing and the robbery were the same res. Brewer, 275 Ind. . . Percy Douglas Thompson Percy Douglas Thompson in Australia, Victoria Marriage Index, 1837-1942. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). According to Percy, on the day of the killings, he and Thompson went to Hillis Auto Sales where, without any forewarning, Thompson shot both victims and Thompson and Percy robbed them. The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. Ct. App. Champlain v. State, 681 N.E.2d 696, 702 (Ind.1997). ATTORNEYS FOR APPELLANTATTORNEYS FOR APPELLEE, Joseph M. ClearyJeffrey A. Modisett Robert V. ClutterAttorney General of Indiana Indianapolis, Indiana Arthur Thaddeus Perry Deputy Attorney General Indianapolis, Indiana, JERRY K. THOMPSON, ) ) Appellant (Defendant below ), ) ) v. ) 49S00-9507-DP-869 ) STATE OF INDIANA, ) ) Appellee (Plaintiff below ). I don't think a signature, in quotes, is a required. Rule 403 required exclusion More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. Rather than telling the jury to disregard the disputed evidence completely because it was not admissible for any purpose, the limiting instruction here instructed the jury to limit its consideration of prior acts to identity. The guards noticed a disturbance. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. 8. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In March 1992, Percy approached Indianapolis police with . These authorities, e.g., Maldonado v. State, 265 Ind. It also placed Percy himself at each of these crime scenes. A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. at 368, 417 N.E.2d at 906. Brewer also established that the jury is impermissibly tainted "when the aggravating circumstance to be charged is either a prior murder conviction, a prior murder unrelated to the current offense, or a prior life sentence." However, Thompson conceded in his second motion that the State was entitled to show that Thompson had access to or control over the weapon used to commit the murders of Hillis and Beeler. He claimed this was sufficiently proved by the undisputed evidence that the murder weapon was found when Percy and Thompson were stopped by Illinois state police three months after Hillis and Beeler were killed. In its effort to prove guilt, the State may not flood the courtroom with unnecessary and prejudicial details of prior criminal conduct merely because some of that evidence is relevant and admissible. . 3. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. Far more importantly what somebody has to lose. This [is] the gun that came from there. Jerry Thompson Obituary. The State also claims that any prejudice to Thompson was offset by a limiting instruction to the jury to constrain its consideration of prior acts to the issue of identity. View the profiles of people named Jerry Thompson Thompson. Id. Rather, the defense elicited from Percy that he had not been charged with any crime related to those events and that his charge for altering a vehicle identification number was dismissed in exchange for his cooperation in this case. The serial numbers on the handgun were ground off. His heart belonged to Santa Barbara, and he could not imagine living anywhere else in the world. Prospective jurors were told the following: Jerry K. Thompson has been convicted of another Murder; that is, a judgment of conviction for the murder of Wesley A. Crandall, Junior, was entered against Jerry K. Thompson on the 15th day of June, 1993, in Henry County, Indiana, in cause #33D019207CF027 The three other aggravating circumstances were: (1) two counts of committing an intentional killing while committing or attempting to commit a robbery, Ind.Code 35-50-2-9(b)(1) (Supp.1990); and (2) one count of committing another murder at any time, Ind.Code 35-50-2-9(b)(8) (Supp.1990). The issue is raised sua sponte to emphasize what Brewer and Evans made clear as to how prospective jurors should be instructed on aggravating circumstances in capital cases. In and of itself, no. 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. 1 . . . That's what identifies him with being associated with that gun. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir.1987) (in prosecution for unlawful gun possession, recorded conversation between a police informant and the defendant about sale of the gun was properly admitted, but it was error to admit subsequent exchange on the same tape concerning unrelated drug sale). In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June 1991, and ballistics tests confirmed to be the weapon used to kill Hillis and Beeler. doug percy jerry thompson. Application of the Indiana Rules of Evidence The well established rationale behind Evidence Rule 404(b) is that the jury is precluded from making the "forbidden inference" that the defendant had a criminal propensity and therefore engaged in the charged conduct. 2056, 23 L.Ed.2d 707 (1969). Jerry Don Thompson (born November 21, 1942) is Regents Professor of History at Texas A&M International University in Laredo, Texas. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? The State then suggested that because the jury in the Crandall murder trial had apparently credited Percy's testimony, the same should be done here: [Percy] was scrutinized in New Castle and in Henry County, by that Jury; and they returned a conviction for the killing of the man from whom this gun was taken. The State again argued that Percy's decision to come forward led to Thompson's conviction for Crandall's murder and the release from jail of two men who had initially pleaded guilty to that crime. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir.1996) (internal quotation marks omitted). Douglas Percy. DICKSON, SULLIVAN and SELBY, JJ., concur. The well established rationale behind Evidence Rule 404(b) is that the jury is precluded from making the forbidden inference that the defendant had a criminal propensity and therefore engaged in the charged conduct. The State indicated its intent to offer evidence related to the Crandall murder to establish Thompson's identity, and that it might offer evidence of Thompson's previous felony convictions possibly as rebuttal to any attacks on the credibility of witness Douglas Percy in the event that any such attack may open the door to the use of such evidence. In a second motion in limine, Thompson responded that this evidence was not admissible under the identity exception because the Indianapolis killings and the Crandall murder were not signature crimes. There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. Sometime after that 2 retarded men were coerced into admitting that they killed Wesley Crandall, were convicted; they went to prison, and but, for Doug Percy coming forward, they would probably still be there. This [is] the gun that came from there. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. Jerry shot the drug dealer with a shotgun, execution style. He contends that a drumbeat of prejudicial and irrelevant evidence related to Crandall's killing induced the jury to draw the forbidden inference, at the core of Rule 404(b), that Thompson killed once, so must have done so again. Such evidence is highly prejudicial. Loveless v. State, 240 Ind. Conviction there could have been based on forensic or other evidence wholly independent of Percy's testimony. He claimed this was sufficiently proved by the undisputed evidence that the murder weapon was found when Percy and Thompson were stopped by Illinois state police three months after Hillis and Beeler were killed. Related To Andrea Thompson, Eric Thompson, Lloyd Thompson, Amanda Thompson, Brandy Thompson. Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Sixty people were indicted in federal court for their roles in a conspiracy to bring heroin from Chicago and Atlanta and sell it throughout Greater Cleveland, law enforcement officials announced . The propensity evidence in this case crossed that line by a wide margin. Percy did not assert his knowledge of that fact or whether Crandall died from the shot. Indeed, by the time of closing argument, the State referred to the discrete killings as a "circle" of criminal conduct for which Thompson should be held responsible. Reading of Death Penalty Information in Voir Dire. They are far from justifying irrelevant and highly prejudicial evidence that has no relation to that point or to any other material fact in dispute. If Percy's testimony about Thompson's taking the murder weapon from Crandall was the permissible "core" evidence showing Thompson's access to the gun, the other details -- an "execution style" shooting, Thompson's conviction for the Crandall murder -- were a penumbra of dubious relevance and potentially inflammatory impact. Inexplicably, Featheringill was also permitted to relate, Percy's account of an "execution style" shooting.See footnote 10 The fact that Crandall was killed, and how that occurred, was potentially as prejudicial as any fact can be and had no bearing on whether Thompson stole the murder weapon from Crandall that day. Conviction there could have been based on forensic or other evidence wholly independent of Percy's testimony. Thompson also challenges the testimony of New Castle gun dealer Jeff Vaughn, who testified that in October 1990 he sold Crandall a gun resembling the second gun discussed above. Get free summaries of new Supreme Court of Indiana opinions delivered to your inbox! Douglas is related to Greg S Percy and Theresa Marie Percy as well as 1 additional person. B. The Seventh Circuit held that the fact that the possessor had been killed was admissible to prove his lack of consent to the transfer of possession and, therefore, that the car had been stolen from him. However, the details of the killing, including the cause of death "as being two gunshot wounds in the head," id. Family and friends must say goodbye to their beloved Jerry Thompson of Sweetwater, Tennessee, born in Athens, Tennessee, who passed away at the age of 66, on December 2, 2020. On a prearranged signal, Percy gave the gun to Thompson, who knocked Crandall, down and stated that he thought he had broken Crandall's neck. Percy carried Thompson's sawed-off shotgun into the residence. Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. Although Percy's account of the Crandall murder in its particulars was uncontradicted and largely unchallenged, the State offered further detailed evidence about those events. This occurred with the apparent assent of all counsel. While we have reversed on the basis of evidence improperly admitted during the State's case in chief, it might turn out that discrete pieces of this evidence would be admissible as rebuttal. 492, 355 N.E.2d 843 (1976), however, stand for nothing more than what we have already concluded was permissible -- a showing, with reasonable factual context, of access to the murder weapon. In light of this disposition, it is unnecessary to. Douglas Percy. Percy's testimony about the Crandall murder was thus introduced to prove an important element of the State's case -- that Thompson had access to the murder weapon before the killings at Hillis Auto Sales. The jury's verdict reflects a decision to credit Percy's testimony that this, Court, as an appellate tribunal, would ordinarily not question. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). Lannan v. State, 600 N.E.2d 1334 (Ind. 1995) (evidence as to defendant's four prior, convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. Select this result to view Jerry Wayne Thompson's phone number, address, and more. The defense argued that the court's pretrial ruling permitted evidence that the gun allegedly used to kill Hillis and Beeler had been taken from Crandall when he was killed, and nothing more. Thompson was charged and a jury convicted him on all counts. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind.1996). Percy Femur is a character who appears only in the episodes "Doug Saves Roger", "Doug's Big Feat", and "Doug's Hoop Nightmare".He is the maternal nephew of Mr. That's what identifies him with being associated with that gun. Contact us. The convictions must be reversed because a "fair trial is required for every defendant, regardless of his apparent guilt or the magnitude of the crimes he may have committed." Arguably this prerequisite is not satisfied here. What particular pa. You're all set! Accordingly, over Thompson's objection, an officer with the New Castle Police Department was allowed to testify that he attended Thompson's trial in Henry County for Crandall's murder, thirty to forty witnesses were called (including Percy), and that the jury convicted Thompson. The jury also returned convictions for two counts of felony murder, Ind.Code 35-42-1-1(2) (Supp.1989), which were merged into the murder convictions. While we have reversed on the basis of evidence improperly admitted during the State's case in chief, it might turn out that discrete pieces of this evidence would be admissible as rebuttal. By - June 16, 2022. In any event, as explained in Part III infra, Featheringill's testimony was not relevant to the material fact of Thompson's access to the murder weapon and therefore should not have been admitted. In a hearing outside the presence of the jury, the State asserted that proof of the conviction was relevant to show identity and because Percy's credibility had been attacked. He had no conscience about rape, child molestation, or thrashing a dozen men in a prison fight. Under these circumstances, the errors were not harmless.See footnote 11 See Wickizer v. State, 626 N.E.2d 795, 800-01 (Ind. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. Counsel contended that the evidence was entirely consistent with Percy's having, committed the murders and that his testimony "has been bought and paid for, a number of ways and as such is suspect." Indeed, the jury could have convicted Thompson on Percy's testimony alone. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. The defense closed by cautioning the jury that "the State wants to try and 'bootstrap' the events of February 14th, 1991, into scaring you into convicting Jerry Thompson for the events of March 14th." Ct. App. Next, an evidentiary dispute arose over whether the court's pretrial ruling on Thompson's motion in limine, allowing the State to introduce evidence of the obtaining of the weapon, permitted the State to introduce the fact of Thompson's conviction for the Crandall murder. . 11. . . Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind.Evidence Rule 801(d)(1)(B), corroborative proof is limited by several considerations: (1) whether the challenged witness actually testified to what is sought to be corroborated; (2) whether the corroboration helps prove a material fact (relevance); and (3) whether the corroborative evidence, assuming it is relevant, is nonetheless so prejudicial that it must be excluded under Evidence Rule 403. The fact that Crandall died and the fact that Thompson was convicted of his murder did not bear on any aspect of, Percy's credibility because Percy did not testify to either subject. The defense argued that the court's pretrial ruling permitted evidence that the gun allegedly used to kill Hillis and Beeler had been taken from Crandall when he was killed, and nothing more. . Jerry Thompson Facebook Log In Jerry Thompson Friends Photos Videos More Friends Photos Videos Jerry Thompson About Work No workplaces to show College 1974), the defendants were charged with concealing a stolen car and moving it in interstate commerce. III. Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). A. reach the remaining claims of error.See footnote 12 IV. There is enormous potential for prejudice in the guilt phase if the jury is permitted to know from the outset, in a murder case, that the defendant is a convicted killer. 1996) (internal quotation marks omitted). There are 10+ professionals named "Doug Percy", who use LinkedIn to exchange information, ideas, and opportunities. However, Thompson conceded in his second motion that the State was "entitled to show that Thompson had access to or control over the weapon used to commit the murders of Hillis and Beeler." . Douglas (Doug) Jerry Thompson February 18, 2022. in the event that any such attack may open the door to the use of such evidence." The defense responded that the conviction was: (1) "impermissible bolstering" of Percy; (2) irrelevant to proving what happened at Hillis Auto Sales on the day of the murders; and (3) too prejudicial to be outweighed by any probative value. Douglas Percy. The State's fallback position, advanced at oral argument in this Court, is that all evidence related to the Crandall murder was properly admitted because Percy's credibility was under attack. The admissibility of the Crandall murder evidence was contested from the outset. ." Genealogy record of %1. Double Jeopardy Because reversal in this case is due to trial error in the admission of evidence, the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, applicable to the states through the Due Process Clause of the Fourteenth Amendment, See footnote 13 generally does not bar a retrial on the same crimes. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. Loveless v. State, 240 Ind. It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. Reading of Death Penalty Information in Voir Dire We first take up an issue not raised by the parties. View the profiles of professionals named "Doug Percy" on LinkedIn. Indeed, the State does not contend that these were signature crimes. Brewer distinguished between aggravating circumstances that are extraneous to the crime currently charged, such as a prior murder conviction, and an aggravating circumstance whose proof turns on the same evidence presented at the guilt phase. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. Citing several cases, the State nonetheless urges a more expansive view of the, identity exception to include evidence of prior crimes in which an instrumentality used in the current crime was acquired. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. Accordingly, even where the defendant's involvement in a prior murder is relevant in part, the circumstances of the killing should not be presented unless they too are relevant. We need not address whether this error is a ground for reversal in the absence of any objection by the defense because the convictions must be set aside for the reasons explained in Parts II and III. The State all but urged the jury to make the forbidden inference. Such evidence is highly prejudicial." The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. Bill Percy Bill Percy Partner Thompson Dorfman Sweatman LLP 201 Portage Avenue Suite 2200 Winnipeg, MB R3B 3L3 PH: 204.934.2455 FX: 204.934.. collaborativepracticemanitoba.ca Lawyers - Our People | TDS Law Evidence is sufficient if the probative evidence and reasonable inferences drawn from the evidence could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. SHEPARD, C.J., concurs with separate opinion. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. 1987) (in prosecution for unlawful gun possession, recorded conversation between a police informant and the defendant about sale of the gun was properly admitted, but it was error to admit subsequent exchange on the same tape concerning unrelated drug sale). In a hearing outside the presence of the jury, the State asserted that proof of the conviction was relevant to show identity and because Percy's credibility had been attacked. They met Mr. Crandall in his home in New Castle; they conducted their business, and when it came time to leave, they didn't leave. I don't think [Rule] 404 precludes the obtaining of the weapon, so the State will be allowed to introduce evidence of the obtaining of the weapon." Whether it was necessary to show that Thompson shot Crandall is a closer question, but we need not decide that point because the other material admitted clearly went beyond the pale and requires reversal. View the profiles of people named Percy Thompson. This discussion of the Crandall murder followed: [W]hen [Percy] came forward to the Police he insisted that he needed to tell them about something that happened in New Castle, Indiana. The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. Without stating the basis for its ruling, the trial court allowed Featheringill's testimony. Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. Observing that Thompson had challenged Percy's credibility in opening arguments, the State maintained that some detail was needed to give the jury "sufficient context" in which to understand, and therefore credit, Percy's testimony about how Thompson acquired the gun used to kill Hillis and Beeler. The State's claim that any prejudice to Thompson was cured by a limiting instruction is unpersuasive. . Far more importantly what somebody has to lose. [1] He is a prolific author of books on a variety of related topics, specializing in the American Civil War, the history of the Southwestern United States, and Texas history. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. Facebook gives. It was noted at oral argument in this Court that due to the erroneous (but unobjected) reading of the death penalty information in voir dire, the jury was advised from the outset of Thompson's conviction of Crandall's murder. That is not the end of the analysis, however. Percy's credibility was critical to the State's case. Although this testimony was admitted only to show that the gun had been in Thompson's possession before the crimes in this case, the State was allowed to elicit significant details of the prior murder and to establish that Thompson was convicted for it. Indeed, the jury could have convicted Thompson on Percy's testimony alone. Select this result to view Douglas A Percy's phone number, address, and more. Lannan, 600 N.E.2d at 1338. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. See, e.g., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind. But, the acts that [Thompson] committed up there, as they related to his case are proof of his guilt here; that's the whole reason you were able to hear it. A friend of Percy's, Mike Featheringill, testified that Percy told him that "[Percy] went over to this drug dealer's house, and they were going to purchase some marihuana, and . Even oblique or apparently innocuous references to prior convictions are impermissible. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 1993) (erroneous admission of propensity evidence was not harmless due to prosecutor's "steady drumbeat" of references to the defendant's prior criminal record, especially in closing arguments).

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