Last year Dodson appealed the Marshall County jury trail’s decision finding him guilty on 4 of the 5 counts including attempted murder after firing a hand gun at police officer. The jury also found him guilty of two counts of domestic battery and intimidation against his then wife Heather Dodson.
Following a 3½ day trail in December 2016 Judge Robert Bowen sentenced Dodson to 35 years for the attempted murder. In addition the judge sentenced him to 3 years for the intimidation charge and 1 year each for the two counts of domestic battery. All three sentences were to run concurrently.
Dodson asked the Court of Appeals to consider three issues: whether the trial court erred in admitting evidence of Dodson’s relationship with his wife; whether the trial court erred by failing to sever the charges of battery and intimidation from the charge of attempted murder and; whether the trial court abused its discretion in sentencing Dodson.
On October 3, 2017 the Court of Appeals decision stated, “The trial court did not commit fundamental error when it admitted evidence of Dodson’s and Heather’s relationship, as that evidence was admissible under Indiana Rule of Evidence 404(b)(2). Furthermore, Dodson has waived our review of the severance of charges by failing to raise that issue before the trial court. And the trial court did not abuse its discretion in its sentencing of Dodson.”
The Supreme Court Justices reviewed the decision of the Court of Appeals and all materials filed in connection with the request to transfer jurisdiction. Each participating member voted to deny the petition to transfer on February 15th.