Unnecessary and inflammatory detail may require reversal. The trial court denied Thompson's motion, ruling that the State could show how a weapon of the crime was obtained. The trial court ruled that the State would be allowed to simply explain presence and then cut it off and let's get on., Percy gave the following account. The Seventh Circuit held that the fact that the possessor had been killed was admissible to prove his lack of consent to the transfer of possession and, therefore, that the car had been stolen from him. Indeed, by the time of closing argument, the State referred to the discrete killings as a circle of criminal conduct for which Thompson should be held responsible. Rather, the defense elicited from Percy that he had not been charged with any crime related to those events and that his charge for altering a vehicle identification number was dismissed in exchange for his cooperation in this case. The State responds that a portrayal of the Crandall murder was not prohibited by Rule 404(b) because it helped prove Thompson's identity as the killer. Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind. Sometime after that 2 retarded men were coerced into admitting that they killed Wesley Crandall, were convicted; they went to prison, and but, for Doug Percy coming forward, they would probably still be there. A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. Brewer v. State, 275 Ind. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). The Seventh Circuit held that the fact that the possessor had been killed was admissible to prove his lack of consent to the transfer of possession and, therefore, that the car had been stolen from him. Sign up for our free summaries and get the latest delivered directly to you. Id. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). Cf. We need not address whether this error is a ground for reversal in the absence of any objection by the defense because the convictions must be set aside for the reasons explained in Parts II and III. Jerry Thompson Obituary. Please try again. 1989) (testimony concerning prior robbery was admissible in murder trial because the defendant had stolen the same type of pistol used to kill the victim); United States v. Day, 591 F.2d 861 (D.C. Cir. 285, 102 L.Ed.2d 265 (1988). Fox v. State, 497 N.E.2d 221, 224 (Ind. A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. Pay particular attention to Mr. Percy. We cannot conclude that these evidentiary errors were harmless.
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