McKinstry v. State

OPINION

GARRARD, Judge.

This appeal presents the question of whether a criminal defendant's false alibi statements may be admitted as part of the state's case in chief since the adoption of the Indiana Rules of Evidence. We hold that, depending upon the cireumstances of the defendant's utterance, such statements may be found relevant and are admissible within the trial court's discretion.

We begin by reviewing the facts. On January 12, 1995, Ray McKinstry went to a Subway sandwich shop in South Bend and filled out an employment application. The manager, Penny Collier, scheduled an interview with…