Konopasek v. State

DAVID, Justice.

At a bench trial, the defendant made a relevance objection when the State elicited testimony on the length of the defendant’s suspended sentence for a prior crime. We hold, under the facts of this case, that the length of the defendant’s suspended sentence was both relevant and admissible. We also reaffirm the limitation on the judicial-temperance presumption, as stated in Fletcher v. State, 264 Ind. 132, 340 N.E.2d 771 (1976).

Facts and Procedural History

In June 2008, a group of people, including Joshua Konopasek and Mitchell Green, gathered for a party at a house in Rochester,…