res gestae exception in Indiana

49 Indiana opinions name it 2 courts 1958–2023 1 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

Case	Followed	Cited
Swanson v. Stategreen ind · 1996 · cited in 7 Indiana opinions naming this issue, 1997–2023 2 sentences 2023See Swanson v. State, 666 N.E.2d 397, 398 (Ind. 1996) (holding that the doctrine of res gestae, allowing the admission of evidence of uncharged bad acts to complete the story of the charged offense, was abolished by the adoption of the Indiana Rules of Evidence). 2009We note that prior to our Supreme Court's opinion in Swanson v. State, 666 N.E.2d 397 (Ind.1996), this evidence would have come in under the doctrine of res gestae.	3	7
Forehand v. Stategreen ind · 1985 · cited in 6 Indiana opinions naming this issue, 1986–1997 2 sentences 1997The State claims that defendant’s marijuana use on the night of Marie’s death was properly admitted because it was part of the res gestae of the charged crime, citing Forehand v. State, 479 N.E.2d 552, 554 (Ind. 1985): “evidence may be introduced which completes the story of the crime by proving its immediate context, even if this evidence also shows that the defendant committed other crimes during the course of the charged offense.” This court has determined that the res gestae doctrine did not survive the adoption of the Indiana Rules of Evidence. 1986This Court recently stated in Forehand v. State (1985), Ind., 479 N.E.2d 552 : While evidence that a defendant has committed other crimes generally is not admissible to prove the specific crime charged, such evidence may be admitted under various exceptions to this general rule, including the res gestae exception.	2	6
Blankenship v. Stategreen ind · 1984 · cited in 3 Indiana opinions naming this issue, 1985–1986 2 sentences 1986Id., 462 N.E.2d at 1313. # * * L * # This Court has upheld the admission of evidence of transactions leading to the crime charged, even if the evidence concerned acts outside of the immediate time frame of the charged offense, provided that such evidence otherwise meets the requirements of the res gestae rule. 1986Id., 462 N.E.2d at 1313. * * * * * * This Court has upheld the admission of evidence of transactions leading to the crime charged, even if the evidence concerned acts outside of the immediate time frame of the charged offense, provided that such evidence otherwise meets the requirements of the res gestae rule.	2	3
Altman v. Stategreen ind · 1984 · cited in 2 Indiana opinions naming this issue, 1985–1986 2 sentences 1986See, eg., Altman v. State (1984), Ind., 466 N.E.2d 716, 720 . 479 N.E.2d at 554, 555 . 1986See, e.g., Altman v. State (1984), Ind., 466 N.E.2d 716, 720 . 479 N.E.2d at 554, 555 .	2	2
McCabe v. Stategreen ind · 1979 · cited in 4 Indiana opinions naming this issue, 1980–1983 2 sentences 1983Moreover, as we stated in McCabe v. State, (1979) Ind., 396 N.E.2d 895 , 897-98: "In addition, this State recognizes the res gestae exception to the rule that evidence of one crime is not admissible to prove another. 'The res gestae is not confined to the acts charged, but includes acts, statements, occurrences, and cireumstanc-es which are substantially contemporaneous with the main fact.' Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 , citing Kiefer v. State, (1960) 241 Ind. 176 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ." Here, all 1983Bond v. State, (1980) Ind., 403 N.E.2d 812 , reh. denied; McCabe v. State, (1979) Ind., 396 N.E.2d 895 ; Thomas v. State, (1975) 268 Ind. 198 , 328 N.E.2d 212 .	1	4
Hardin v. Stategreen ind · 1993 · cited in 2 Indiana opinions naming this issue, 1994–1995 2 sentences 1995Lannan, 600 N.E.2d at 13840 (citing Wilson v. State (1986), Ind., 491 N.E.2d 587 ) (alteration in original)." Hardin v. State (1998), Ind., 611 N.E.2d 123, 129-30 . 1995Lannan, 600 N.E.2d at 1340 (citing Wilson v. State (1986), Ind., 491 N.E.2d 537 ) (alteration in original)." Hardin v. State (1993), Ind., 611 N.E.2d 123, 129-30 .	1	2
Clemons v. Stategreen ind · 1981 · cited in 2 Indiana opinions naming this issue, 1986–1991 2 sentences 1991Forehand v. State (1985), Ind., 479 N.E.2d 552 ; Beasley v. State (1983), Ind., 452 N.E.2d 982 ; Clemons v. State (1981), Ind., 424 N.E.2d 113 . 1991Forehand v. State (1985), Ind., 479 N.E.2d 552 ; Beasley v. State (1983), Ind., 452 N.E.2d 982 ; Clemons v. State (1981), Ind., 424 N.E.2d 113 .	1	2
Ex Parte Dawsongreen ala · 1996 · cited in 1 Indiana opinions naming this issue, 1998–1998 1 sentence 1998See Dawson v. State, 675 So.2d 897 (Ala. Ct.App.1995), aff'd, 675 So.2d 905 (Ala.1996); Moore v. State, 217 Ga.App. 207 , 456 S.E.2d 708 (1995), cert. denied.	1	1
Dawson v. Stategreen alacrimapp · 1995 · cited in 1 Indiana opinions naming this issue, 1998–1998 1 sentence 1998See Dawson v. State, 675 So.2d 897 (Ala. Ct.App.1995), aff'd, 675 So.2d 905 (Ala.1996); Moore v. State, 217 Ga.App. 207 , 456 S.E.2d 708 (1995), cert. denied.	1	1
Roddy v. Stategreen ind · 1970 · cited in 1 Indiana opinions naming this issue, 1973–1973	1	1
United States v. Kinggreen circtedny · 1888 · cited in 1 Indiana opinions naming this issue, 1958–1958	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (43)

Case	Cited	Years
Langham v. Cochran green scotus · 1961 2 sentences 1983Moreover, as we stated in McCabe v. State, (1979) Ind., 396 N.E.2d 895 , 897-98: "In addition, this State recognizes the res gestae exception to the rule that evidence of one crime is not admissible to prove another. 'The res gestae is not confined to the acts charged, but includes acts, statements, occurrences, and cireumstanc-es which are substantially contemporaneous with the main fact.' Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 , citing Kiefer v. State, (1960) 241 Ind. 176 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ." Here, all 1975Further, the evidence of a further and separate crime, that McCarty possessed and sold to Springer mescaline, would be admissible under the res gestae rule as stated in Kiefer v. State (1960), 241 Ind. 176 , 169 N.E.2d 723 , cert. den. 366 U.S. 914 , 81 S.Ct. 1089 , as follows: “. . .	4	1975–1983
Rinaldi v. New Jersey green scotus · 1961 2 sentences 1983Moreover, as we stated in McCabe v. State, (1979) Ind., 396 N.E.2d 895 , 897-98: "In addition, this State recognizes the res gestae exception to the rule that evidence of one crime is not admissible to prove another. 'The res gestae is not confined to the acts charged, but includes acts, statements, occurrences, and cireumstanc-es which are substantially contemporaneous with the main fact.' Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 , citing Kiefer v. State, (1960) 241 Ind. 176 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ." Here, all 1975Further, the evidence of a further and separate crime, that McCarty possessed and sold to Springer mescaline, would be admissible under the res gestae rule as stated in Kiefer v. State (1960), 241 Ind. 176 , 169 N.E.2d 723 , cert. den. 366 U.S. 914 , 81 S.Ct. 1089 , as follows: “. . .	4	1975–1983
Kiefer v. State green ind · 1960 2 sentences 1983Moreover, as we stated in McCabe v. State, (1979) Ind., 396 N.E.2d 895 , 897-98: "In addition, this State recognizes the res gestae exception to the rule that evidence of one crime is not admissible to prove another. 'The res gestae is not confined to the acts charged, but includes acts, statements, occurrences, and cireumstanc-es which are substantially contemporaneous with the main fact.' Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 , citing Kiefer v. State, (1960) 241 Ind. 176 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ." Here, all 1983Moreover, as we stated in McCabe v. State, (1979) Ind., 396 N.E.2d 895 , 897-98: "In addition, this State recognizes the res gestae exception to the rule that evidence of one crime is not admissible to prove another. 'The res gestae is not confined to the acts charged, but includes acts, statements, occurrences, and cireumstanc-es which are substantially contemporaneous with the main fact.' Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 , citing Kiefer v. State, (1960) 241 Ind. 176 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ." Here, all	4	1975–1983
Kelley v. Dickerson green ind · 1938 2 sentences 1980Kelley v. Dickerson, (1938) 213 Ind. 624 , 13 N.E.2d 535 . 1980Kelley v. Dickerson, (1938) 213 Ind. 624 , 13 N.E.2d 535 .	4	1962–1980
Brown v. State green ind · 1981 2 sentences 1984Pitman v. State, (1982) Ind., 436 N.E.2d 74 ; Brown v. State, (1981) Ind., 417 N.E.2d 333 . 1984Beasley v. State, (1983) Ind., 452 N.E.2d 982, 984 ; Brown v. State, (1981) Ind., 417 N.E.2d 333, 337 .	3	1983–1984
Gross v. State neutral ind · 1977 2 sentences 1983Moreover, as we stated in McCabe v. State, (1979) Ind., 396 N.E.2d 895 , 897-98: "In addition, this State recognizes the res gestae exception to the rule that evidence of one crime is not admissible to prove another. 'The res gestae is not confined to the acts charged, but includes acts, statements, occurrences, and cireumstanc-es which are substantially contemporaneous with the main fact.' Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 , citing Kiefer v. State, (1960) 241 Ind. 176 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ." Here, all 1983Moreover, as we stated in McCabe v. State, (1979) Ind., 396 N.E.2d 895 , 897-98: "In addition, this State recognizes the res gestae exception to the rule that evidence of one crime is not admissible to prove another. 'The res gestae is not confined to the acts charged, but includes acts, statements, occurrences, and cireumstanc-es which are substantially contemporaneous with the main fact.' Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 , citing Kiefer v. State, (1960) 241 Ind. 176 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ." Here, all	3	1979–1983
Nicol v. National Savings & Trust Co. green scotus · 1961 2 sentences 1983Moreover, as we stated in McCabe v. State, (1979) Ind., 396 N.E.2d 895 , 897-98: "In addition, this State recognizes the res gestae exception to the rule that evidence of one crime is not admissible to prove another. 'The res gestae is not confined to the acts charged, but includes acts, statements, occurrences, and cireumstanc-es which are substantially contemporaneous with the main fact.' Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 , citing Kiefer v. State, (1960) 241 Ind. 176 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ." Here, all 1980The res gestae is not confined to the act charged, but includes acts, statements, occurrences and circumstances which are substantially contemporaneous with the main fact.” (Citations omitted.) Kiefer v. State, (1960) 241 Ind. 176, 178 , 169 N.E.2d 723 , cert. denied, (1961) 366 U.S. 914 , 81 S.Ct. 1089 , 6 L.Ed.2d 238 ; accord, McCabe v. State, (1979) Ind., 396 N.E.2d 895 .	3	1979–1983
Lannan v. State green ind · 1992 2 sentences 1995Lannan, 600 N.E.2d at 13840 (citing Wilson v. State (1986), Ind., 491 N.E.2d 587 ) (alteration in original)." Hardin v. State (1998), Ind., 611 N.E.2d 123, 129-30 . 1995Lannan, 600 N.E.2d at 1340 (citing Wilson v. State (1986), Ind., 491 N.E.2d 537 ) (alteration in original)." Hardin v. State (1993), Ind., 611 N.E.2d 123, 129-30 .	2	1993–1995
Wilson v. State green ind · 1986 2 sentences 1995Lannan, 600 N.E.2d at 1340 (citing Wilson v. State (1986), Ind., 491 N.E.2d 537 ) (alteration in original)." Hardin v. State (1993), Ind., 611 N.E.2d 123, 129-30 . 1993Lannan, 600 N.E.2d at 1340 (citing Wilson v. State (1986), Ind., 491 N.E.2d 537 ) (alteration in original).	2	1993–1995
Beasley v. State green ind · 1983 2 sentences 1991Forehand v. State (1985), Ind., 479 N.E.2d 552 ; Beasley v. State (1983), Ind., 452 N.E.2d 982 ; Clemons v. State (1981), Ind., 424 N.E.2d 113 . 1991Forehand v. State (1985), Ind., 479 N.E.2d 552 ; Beasley v. State (1983), Ind., 452 N.E.2d 982 ; Clemons v. State (1981), Ind., 424 N.E.2d 113 .	2	1984–1991
Taylor v. State green ind · 1986 2 sentences 1990Minnick v. State (1989), Ind., 544 N.E.2d 471 ; Taylor v. State (1986), Ind., 496 N.E.2d 561 . 1990Minnick v. State (1989), Ind., 544 N.E.2d 471 ; Taylor v. State (1986), Ind., 496 N.E.2d 561 .	2	1988–1990
Bond v. State green ind · 1980 2 sentences 1983Bond v. State, (1980) Ind., 403 N.E.2d 812 , reh. denied; McCabe v. State, (1979) Ind., 396 N.E.2d 895 ; Thomas v. State, (1975) 268 Ind. 198 , 328 N.E.2d 212 . 1983Brown v. State, (1981) Ind., 417 N.E.2d 333, 337 ; Bond v. State, (1980) Ind., 403 N.E.2d 812, 818 ; Gross v. State, (1977) 267 Ind. 405, 407 , 370 N.E.2d 885, 887 .	2	1983–1983
CAULDWELL, INC. v. Patterson neutral indctapp · 1962 2 sentences 1969I have seen him on previous occasions.” In the case of Cauldwell, Inc., et al. v. Patterson (1961), 133 Ind. App. 138 , at page 154, 177 N. E. 2d 490 , the Court stated: “The admissibility of evidence under the res gestae doctrine is a matter within the discretion of the trial court. 1969I have seen him on previous occasions.” In the case of Cauldwell, Inc., et al. v. Patterson (1961), 133 Ind. App. 138 , at page 154, 177 N. E. 2d 490 , the Court stated: “The admissibility of evidence under the res gestae doctrine is a matter within the discretion of the trial court.	2	1969–1981
Walker v. State green ind · 1976 2 sentences 1980Walker v. State, (1976) 265 Ind. 8 , 349 N.E.2d 161 . 1980Walker v. State, (1976) 265 Ind. 8 , 349 N.E.2d 161 .	2	1980–1980
Sandifur v. State green indctapp · 2004 1 sentence 2016On the record and circumstances before us, we cannot say the trial court abused its discretion in admitting testimony regarding Snow’s possession and concealment of a gun on her person at the time she shouted at and physically struggled with Officer Peck. 4 See Sandifur, 815 N.E.2d at 1048 - 1049 (holding that evidence of the death of a person who had methadone in her 3 See Ind. Code § 35-42-2-1 (governing the offense of battery); Ind. Code § 35-44.1-3 -1 (governing the offense of resisting law enforcement). 4 The dissent emphasizes that the State’s argument on appeal is that the gun was inext	1	2016–2016
Moore v. State green gactapp · 1995 2 sentences 1998See Dawson v. State, 675 So.2d 897 (Ala. Ct.App.1995), aff'd, 675 So.2d 905 (Ala.1996); Moore v. State, 217 Ga.App. 207 , 456 S.E.2d 708 (1995), cert. denied. 1998See Dawson v. State, 675 So.2d 897 (Ala. Ct.App.1995), aff'd, 675 So.2d 905 (Ala.1996); Moore v. State, 217 Ga.App. 207 , 456 S.E.2d 708 (1995), cert. denied.	1	1998–1998
Little v. State green ind · 1986 2 sentences 1995In Little v. State (1986), Ind., 501 N.E.2d 412 , the accused was charged with rape and, at trial, the State offered evidence that he had committed a similar rape approximately sixteen years before; because of similarities between the two rapes, evidence of the prior rape was offered to prove Little's identity as the second rapist. 1995In Little v. State (1986), Ind., 501 N.E.2d 412 , the accused was charged with rape and, at trial, the State offered evidence that he had committed a similar rape approximately sixteen years before; because of similarities between the two rapes, evidence of the prior rape was offered to prove Little's identity as the second rapist.	1	1995–1995
Moster v. Bower green indctapp · 1972 2 sentences 1993Moster v. Bower (1972), 153 Ind.App. 158, 169-70 , 286 N.E.2d 418, 424-25 , trans. denied. 1993Moster v. Bower (1972), 153 Ind.App. 158, 169-70 , 286 N.E.2d 418, 424-25 , trans. denied.	1	1993–1993
Hedges v. State green ind · 1982 1 sentence 1992Appellant acknowledges he must show he suffered substantial injury to demonstrate reversible error, citing Hedges v. State (1982), Ind., 443 N.E.2d 62 , and not *858 ing the specific testimony which yielded the objections was not inherently prejudicial, he nonetheless maintains the victim's testimony included allusions to improper hearsay which combined with leading questions to cause her testimony to "be more compelling and credible than it should have been." He accordingly reasons he was harmed because the jury was led to believe the State's version of, for example, the number of robbers in	1	1992–1992
Gambill v. State green ind · 1985 1 sentence 1992Gambill v. State (1985), Ind., 479 N.E.2d 523 .	1	1992–1992
Minnick v. State green ind · 1989 2 sentences 1990Minnick v. State (1989), Ind., 544 N.E.2d 471 ; Taylor v. State (1986), Ind., 496 N.E.2d 561 . 1990Minnick v. State (1989), Ind., 544 N.E.2d 471 ; Taylor v. State (1986), Ind., 496 N.E.2d 561 .	1	1990–1990
Hernandez v. State green ind · 1982	1	1990–1990
Lee v. State neutral ind · 1977	1	1986–1986
Spears v. State green ind · 1980	1	1986–1986
McCormick v. State green ind · 1982	1	1986–1986
Arnold v. State green ind · 1984	1	1986–1986
Spears v. State green ind · 1980	1	1986–1986
In re Rehearing green ind · 1980	1	1986–1986
Spears v. State green ind · 1980	1	1986–1986
Cary v. State green ind · 1984	1	1985–1985
Pitman v. State green ind · 1982	1	1984–1984
Thomas v. State green ind · 1975	1	1983–1983
Arnold v. State neutral indctapp · 1978	1	1982–1982
Lámar v. State green ind · 1972	1	1981–1981
Tenta v. Guraly green indctapp · 1966	1	1981–1981
Daywitt v. Daywitt neutral indctapp · 1917	1	1981–1981
Kiefer v. State green ind · 1958	1	1978–1978
Clinton v. State neutral indctapp · 1974	1	1974–1974
Kreuger v. Neumann neutral indctapp · 1958	1	1973–1973
Neal v. State green ind · 1938	1	1964–1964

Statutes the citing opinions construe

IN § Ind. Code § 35-42-1-1 (5) IN § Ind. Code § 35-41-2-2 (4) IN § Ind. Code § 35-42-2-1 (4) IN § Ind. Code § 35-47-2-1 (4) IN § Ind. Code § 35-42-1-5 (3) IN § Ind. Code § 35-42-2-2 (3) IN § Ind. Code § 35-47-2-23 (3) IN § Ind. Code § 35-48-4-7 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 231 (1925–2026) LA 177 (1956–2025) GA 107 (1957–2017) TX 78 (1923–2020) WA 68 (1926–2026) MI 51 (1948–2020) IN 49 (1958–2023) MO 47 (1930–2025) CO 40 (1954–2026) AL 34 (1916–2026) OK 28 (1967–2022) SC 25 (1930–2021) IA 24 (1911–1995) VA 23 (1922–2025) IL 21 (1926–2014) AR 20 (1976–2026) FL 14 (1966–2008) MN 13 (1922–2015) NC 12 (1962–2007) CA 12 (1937–1986) KY 12 (1909–1985) OH 12 (1944–2006) MD 11 (1969–2011) WV 11 (1878–2020) MT 11 (1938–2001) NJ 11 (1952–2021) KS 10 (1979–2017) NY 10 (1893–2003) UT 10 (1903–2025) ID 10 (1894–2024) AZ 9 (1923–1975) SD 9 (1968–2017) NM 9 (1939–2010) WI 7 (1968–1989) TN 7 (1939–2014) NV 6 (1980–2026) VT 5 (1935–1987) MS 4 (1934–2005) HI 4 (1982–2008) OR 4 (1957–2024) ME 3 (1923–1972) DC 2 (1945–2004) MA 2 (1955–1983) NH 2 (1977–1981) WY 2 (1941–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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