COA: Admission of prior convictions fundamental error

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The Indiana Court of Appeals ordered a new trial for a sex offender convicted of failing to register while having a prior conviction. The court ruled the evidence regarding his prior convictions for failing to register shouldn’t have been admitted at trial.

In David Sasser v. State of Indiana, No. 79A04-1006-CR-457, David Sasser’s conviction hinged on the credibility of the testimony of Sasser and Tippecanoe Sheriff’s Department detective Greg Haltom.

When Sasser relocated to Indiana, he went to the sheriff’s department to register as a convicted sex offender, but Haltom said he didn’t have to register because the 10-year registration period had expired. After a later encounter with a West Lafayette police officer, Sasser learned that he should register. He immediately went to the sheriff’s department to register, but the computer system was down. He was given Haltom’s phone number and told to call the next morning. Sasser tried to call him several times and left a voicemail, but Haltom never returned the call. Haltom said he didn’t recall Sasser coming into the office the second time or receiving a voicemail. He also claimed he wouldn’t have sent someone home because the computers were down.

Once he was charged with failing to register as a Class D felony, Sasser went to the sheriff’s department and officially registered. He was later charged with Class C felony failure to register as a convicted sex offender while having a prior conviction and convicted on both counts. The trial court merged the convictions into the Class C felony conviction and sentenced him to six years in prison.

At issue is the admission of evidence of Sasser’s prior convictions. Although he didn’t object at trial, the Court of Appeals found the admission to be a fundamental error. While cross-examining Haltom, the defense counsel asked him about the dates in which Sasser had previously registered “And what it also indicates is when he was aware he had to register, he did?”

The trial court found the defense opened the door to evidence about Sasser’s prior convictions for failure to register and the defense didn’t object. The judges found that question didn’t open the door to evidence of Sasser’s prior convictions and the attorney was attempting to clarify the information that was already admitted as part of Exhibit 6.

“But given the fact that this case turned solely on the credibility of the witnesses, we can only conclude that admission of evidence regarding Sasser’s prior convictions for the very crime he was charged with herein was a proverbial poison pill that would have made it nearly impossible for the jury to listen to his version of events objectively and prevented him from receiving a fair trial,” wrote Judge John Baker.

The judges remanded for a new trial.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.