Legal Opinion · Dissent

English v. State

Indiana Court of Appeals

Decided August 13, 1985No. 2-1284A371Published

1DissentConover, Judge

I respectfully dissent.

The majority holds the trial court erred by failing to declare a mistrial after the officer presented evidence of another crime because such evidence constituted an improper and deliberate "evidential harpoon." I disagree.

Evidence tending to show an accused's separate, independent, and distinct crimes is inadmissible to prove guilt of the present crime for which he is being tried. How*416ever, an exception to this rule allows such evidence to be admitted if it tends to prove an accused's identity, knowledge, intent, motive, or common scheme or plan. Jenkins v. State (1985),…

2Cases cited14 opinions

  1. Clifton Gregory v. United StatesCourt of Appeals for the D.C. Circuit · 1966
  2. White v. StateIndiana Supreme Court · 1971
  3. Wagner v. StateIndiana Supreme Court · 1985
  4. Williams v. StateIndiana Supreme Court · 1982
  5. Thomas v. StateIndiana Supreme Court · 1982

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