945 N.E.2d 201
Ind. Ct. App.2011Background
- Sasser moved from Utah to Tippecanoe County in fall 2008 and attempted to register; Detective Haltom misinformed him that he did not need to register after reviewing one prior conviction.
- In January 2009, West Lafayette police learned Sasser should have registered; he was given 72 hours to register.
- Sasser attempted to register but computer system was down; he left a voicemail and was told to call again, but Haltom did not respond.
- Sasser officially registered on January 30, 2009, after receiving the summons for failing to register; the form was not fully completed.
- In December 2009, the State charged Sasser with a class C felony for failing to register with a prior conviction; after a May 2010 trial, the jury found him guilty; the court merged and sentenced him to six years.
- The appellate court reversed on the basis that admission of his prior failure-to-register convictions was fundamental error, but affirmed sufficiency and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of Sasser’s prior failures to register was admissible | Sasser | State used 404(b) to show propensity | Fundamental error; remand for new trial. |
| Whether the evidence supports knowing or intentional failure to register | Sasser | State proved knowledge/intent | Evidence adequate; conviction affirmed but remanded for new trial due to error. |
Key Cases Cited
- Wilson v. State, 765 N.E.2d 1265 (Ind.2002) (standard for abuse of discretion in evidentiary rulings; credibility issues central)
- Sallee v. State, 777 N.E.2d 1204 (Ind.Ct.App.2002) (evidence rulings and standard of review when no objections appear)
- Munford v. State, 923 N.E.2d 11 (Ind.Ct. App.2010) (fundamental error exception to waiver)