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JOHNSON v. STATE

No. 49S05-0008-CR-506.

740 N.E.2d 118 (2001)

Henry JOHNSON, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

January 3, 2001.

Attorney(s) appearing for the Case

Patricia Caress McMath, Indianapolis, Indiana, Attorney for Appellant.

Karen M. Freeman-Wilson, Attorney General of Indiana, Christopher L. Lafuse,

Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

SHEPARD, Chief Justice.

This interlocutory appeal arose when a prosecutor missed a deadline for notifying the defendant of the State's intent to use Indiana Rule 404(b) evidence in a molestation case. The trial court excluded the evidence, then dismissed the charge at the State's request, over the defendant's objection. Nine days later, the prosecutor refiled the original sexual misconduct charge along with ten additional charges that partially encompassed the evidence...

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