Legal Opinion · Dissent

Danny Sims v. Andrew Pappas and Melissa Pappas

Indiana Court of Appeals

Decided October 13, 2016No. 45A03-1509-CT-1424Published

1DissentAltice, Judge

[32] I agree with the majority’s conclusion that the ten-year limit set out in Ind. Evidence Rule 609 does not apply in this context. I cannot agree, however, with the majority’s ultimate conclusion, based on an Ind. Evidence Rule 403 analysis, that the trial court abused its discretion by admitting evidence of Sims’s 1983 and 1996 prior alcohol-related offenses.

[33] On more than one occasion, the majority observes that the prior convictions had no relevance or probative value with respect to the determination of compensatory damages. This is true but beside the point. A review of the record,…

2Cases cited3 opinions

  1. Spencer v. StateIndiana Supreme Court · 1999
  2. Davidson v. BaileyIndiana Court of Appeals · 2005
  3. Catt v. SkeansIndiana Court of Appeals · 2007

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