COA: Admission of prior bad acts was a harmless error

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The Indiana Court of Appeals found that evidence of a defendant’s prior bad acts was not properly admitted at his trial for theft of gasoline, but affirmed his conviction because the admission was a harmless error.

Nathaniel Baker was convicted of Class D felony theft for stealing 45 gallons of gasoline belonging to David Stephan. He and two other men were with him when the gasoline was stolen. Baker argued when he was charged that he was with his fiancée at the time in question.

In appealing his conviction, Baker argued that the trial court improperly allowed testimony of cohort J.L. that this was not the first time the two had stolen gasoline. He claimed the evidence was introduced only to show he had a propensity to steal gas; the state claimed it was introduced to show Baker’s knowledge, identity and intent.

The COA concluded in Nathaniel Baker v. State of Indiana, 35A05-1210-CR-543, that evidence of Baker’s prior bad acts was not properly admitted under the knowledge, identity or intent exceptions of Evidence Rule 404(b). Baker did not place his intent or knowledge into issue and there’s no evidence this is a “signature” crime of Baker.

But the judges were convinced that there is no substantial likelihood that the questioned evidence contributed to Baker’s conviction in light of the testimony by his co-conspirators about their actions and the jury’s apparent determination that their testimony was more credible than Baker’s fiancée’s testimony, Judge Cale Bradford wrote. As such, the erroneous admission of the prior bad acts evidence was harmless.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...