65 N.E.3d 1129
Ind. Ct. App.2016Background
- Snow was convicted of battery against a public safety official (level 5) and resisting law enforcement (level 6) after a November 30, 2014 incident in Gary, Indiana.
- Officer Peck encountered Snow and Harris during a domestic disturbance; Harris resisted exit from a car and assaulted Peck.
- Snow shouted at Peck, aided Harris, and later struggled with Peck while a handgun allegedly belonging to Snow was discovered on the ground.
- A pretrial motion in limine sought to prohibit reference to any weapon found; the State argued gun evidence showed aggression and possible concealment.
- The trial court overruled the motion in limine; during trial, Peck and Artibey testified about the handgun, and photographs of injuries were admitted.
- The jury found Snow guilty on the two felonies and not guilty of other charges, and she received a two-and-a-half-year aggregate sentence with two years suspended to probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the handgun evidence was admissible evidence. | Snow argues the gun was not relevant to any element; prejudicial impact outweighed probative value. | Snow contends the gun was irrelevant and the denial of the motion in limine was reversible error. | No abuse of discretion; gun testimony relevant and its admission harmless. |
Key Cases Cited
- Roche v. State, 690 N.E.2d 1115 (Ind.1997) (evidence rulings reviewed for abuse of discretion; harmless error possible)
- Joyner v. State, 678 N.E.2d 386 (Ind.1997) (abuse of discretion standard for evidentiary rulings; harmless error consideratio)
- Barker v. State, 695 N.E.2d 925 (Ind.1998) (admission of evidence sostenability under abuse-of-discretion standard)
- Sandifur v. State, 815 N.E.2d 1042 (Ind.Ct.App.2004) (relevant evidence; consideration of prejudice and probative value)
- Lems v. State, 34 N.E.3d 240 (Ind.2015) (harmless-error assessment when evidentiary error occurs)