Tuesday, December 08, 2009
Ind. Decisions - Supreme Court decides one today
In Otho L. Lafayette V. State, a 9-page, 5-0 opinion, Justice Sullivan writes:
Defendant Otho Lafayette was convicted of rape based in part on evidence of a ten-year-old conviction for attempted rape of another woman. Indiana law prohibits the use of evidence of prior crimes “to prove the character of a person in order to show action in conformity there-with” except in certain circumstances. The exceptional circumstance advanced by the State – intent – does not apply in this case. Accordingly, we reverse Defendant's conviction. * * *
The defendant's conviction is reversed, and this cause is remanded to the trial court for a new trial.
Posted by Marcia Oddi on December 8, 2009 04:31 PM
Posted to Ind. Sup.Ct. Decisions