Ray v. State

I respectfully dissent. The majority's opinion essentially grants the state a new trial on its affirmative defense of laches. Under our rules, however, we will grant a new trial only when the trial court has erred and a new trial is the only fair and practicable way to correct the error. Ind. Rules of Procedure, Appellate Rule 15(N); see Clouse v. Fielder, (1982) Ind.App., 431 N.E.2d 148 ({new trial appropriate only upon issues affected by trial court error). Here, the state alleges no error affecting its affirmative defense of laches; thus, the state is not entitled to present additional…