979 N.E.2d 684
Ind. Ct. App.2012Background
- Brown divorced Tammy in 2002; they cohabited from post-divorce until October 2010.
- Tammy sued Terry on November 15, 2010, alleging forged quitclaim deed and battery resulting in implant rupture.
- Terry moved to exclude evidence of 1984 rape and 1985 check-deception convictions; motion in limine denied.
- Convictions were admitted at trial; Tammy claimed fraud/forgery and battery; Tammy obtained $70,000 and $10,000 verdicts.
- Terry moved to correct error; the court denied; appeal followed seeking reversal on evidentiary grounds.
- This court reverses and remands, finding abuse of discretion in admitting stale convictions under Evid. R. 609.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of stale convictions under Evid. R. 609 | Tammy contends 609 allows credibility-based impeachment with these convictions. | Brown contends convictions are stale (>10 years) and prejudicial, not probative. | Admission was an abuse of discretion; convictions not admissible. |
| Prejudicial vs. probative balance under 609(b) | Convictions support credibility related to deception and sexual offense. | Convictions are too old and overly prejudicial to be probative. | Court abused discretion; prejudice outweighed probative value. |
| Proper scope of evidentiary ruling standard given no appellee brief | Tammy's position should be considered with relaxed appellate scrutiny. | Normal abuse-of-discretion standard applies regardless of brief status. | Abuse of discretion standard applied; reversal warranted. |
Key Cases Cited
- Thurman v. Thurman, 777 N.E.2d 41 (Ind. Ct. App. 2002) (appellate approach when appellee does not file a brief)
- Van Wieren v. Van Wieren, 858 N.E.2d 216 (Ind. Ct. App. 2006) (prima facie error standard)
- Hall v. State, 769 N.E.2d 250 (Ind. Ct. App. 2002) (necessity of specific facts to support admissibility under 609)
- Sparkman v. State, 722 N.E.2d 1259 (Ind. Ct. App. 2000) (abuse-of-discretion review for evidentiary rulings)
- Volunteers of America v. Premier Auto Acceptance Corp., 755 N.E.2d 656 (Ind. Ct. App. 2001) (abuse of discretion standard in motion to correct error)