Tyjuan J. Dixon v. State of Indiana
2012 Ind. App. LEXIS 249
Ind. Ct. App.2012Background
- Dixon was convicted of Murder and two counts of Attempted Murder, all felonies.
- Walker testified at trial but could not recall whether Dixon got out of his car; the State used Detective Azcona to impeach her with a prior statement.
- The State recalled Azcona to testify about Walker’s prior statement and introduced the written statement itself for impeachment.
- Dixon objected; the trial court admitted the impeachment evidence and instructed the jury it was for impeachment purposes only.
- Lakeisha and Gabrielle testified they saw Dixon get out of the car and identify him at trial; ballistics linked the bullets to a single firearm.
- The appellate court held any evidentiary error was harmless given substantial independent evidence of Dixon’s guilt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admissibility of extrinsic impeachment evidence was an abuse of discretion | State contends impeachment evidence was proper under Rule 613(b) | Dixon contends the evidence was not inconsistent and admission was improper | No reversible error; harmless |
Key Cases Cited
- Appleton v. State, 740 N.E.2d 122 (Ind. 2001) (extrinsic impeachment limits; error harmless if supported by other evidence)
- Kendall v. State, 790 N.E.2d 122 (Ind. Ct. App. 2003) (review of evidentiary discretion; harmless-error analysis)
- United States v. Soundingsides, 820 F.2d 1232 (10th Cir. 1987) (limits on use of extrinsic impeachment)