Today’s Opinions

Indiana Supreme Court
Otho L. Lafayette V. State
Defendant Otho Lafayette was convicted of rape based in part on evidence of a ten-year-old conviction for attempted rape of another woman. Indiana law prohibits the use of evidence of prior crimes “to prove the character of a person in order to show action in conformity there-with” except in certain circumstances. The exceptional circumstance advanced by the State – intent – does not apply in this case. Accordingly, we reverse Defendant’s conviction. * * *

The defendant’s conviction is reversed, and this cause is remanded to the trial court for a new trial.

Indiana Court of Appeals
Javier Abrajan v. State of Indiana
49A05-0905-CR-264

Criminal. Affirms sentence following guilty plea to Class A felony rape. Abrajan’s possession of a gun was a material element of the offense that he was convicted of, and was consequently an improper aggravator. The error is harmless, and based on the nature of the offense and his character, the advisory 30-year sentence is appropriate.

Maureen Reel, et al v. Clarian Health Partners, Inc. (see below, IN COA Upholds Dismissal of Proposed Class)