Even oblique or apparently innocuous references to prior convictions are impermissible. Facebook gives. 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. Application of the Indiana Rules of Evidence. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Because a conviction in a capital case may be based upon the uncorroborated testimony of an accomplice, Lowery v. State, 547 N.E.2d 1046, 1053 (Ind.1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. Without explanation, the trial court ruled that the conviction was admissible. For example, in United States v. Ostrowsky, 501 F.2d 318 (7th Cir.1974), the defendants were charged with concealing a stolen car and moving it in interstate commerce. He did not break 5'10, 130 pound Wesley Crandall's neck. . The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. Evidence of Prior Uncharged Misconduct On February 14, 1991, one month before the murders in this case, Wesley Crandall Jr. was shot to death in his home in New Castle, Indiana. And, he took Wesley Crandall's money that was there, and the marihuana. I don't think a signature, in quotes, is a required. Because the State was properly allowed to show that Thompson stole the murder weapon from Crandall, whether Crandall actually had a gun similar to that weapon at the time he was killed was also relevant. 13. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? In any event, the jury in this case did not and could not know all of the record in the Crandall trial. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). 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. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind. 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. cuando tu pareja te miente frases virginia rockhounding map 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.