Indiana Supreme Court

Jeffrey Fairbanks, Appellant (defendant) v. State of Indiana, Appellee (plaintiff)

March 27, 2019119 N.E.3d 564

Summary

The Indiana Supreme Court held that other-bad-acts evidence offered to show lack of accident may be admitted only when the State has reliable assurance that the defendant will raise an accident defense or after the defendant places accident at issue at trial. Fairbanks's pretrial statements provided that assurance, and the evidence also survived the required balancing of probative value against unfair prejudice. The court therefore affirmed his conviction for felony neglect of a dependent resulting in death.