Legal Opinion · Concurrence

Douglas v. State

Indiana Court of Appeals

Decided May 31, 1994No. 45A05-9212-PC-439Published

1ConcurrenceBaker, Judge

I concur in the majority opinion on all of the issues except for those involving Douglas' juvenile record. See supra, pp. 818-819, 820-821. First, Douglas waived any error by failing to object to the admission of the evidence. Notwithstanding waiver, the post-conviction court properly admitted the evidence that Douglas had been in Boys School under the res gestae exception. Res gestae includes acts and statements that are so closely connected to the erime as to be part of it. Allen v. State (1992), Ind.App., 596 N.E.2d 280, 282. Admission of evidence under res gestae is within the trial…

2Cases cited4 opinions

  1. Fugate v. StateIndiana Supreme Court · 1993
  2. Hunter v. StateIndiana Supreme Court · 1991
  3. Dickson v. StateIndiana Supreme Court · 1989
  4. Allen v. StateIndiana Court of Appeals · 1992

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