Argumedo Alvarez-Madrigal v. State of Indiana

I concur in result here. I do not believe Alvarez-Madrigal adequately preserved his claim on appeal that Dr. Thompson gave impermissible vouching testimony. He objected to the testimony on the basis that it was “speculation” and “not relevant....” Tr. p. 299. A party cannot object on one basis at trial and seek reversal on appeal on a different ground. Boatner v. State, 934 N.E.2d 184, 187 (Ind. Ct. App. 2010). Thus, in order for Alvarez-Madrigal to prevail on his unpreserved claim that Dr. Thompson’s testimony was impermissible vouching, he must establish that it was fundamental error. See…