Antoine D. Bates, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff
from the Elkhart Superior Court Trial Court Cause No.
20D02-1409-FB-74 The Honorable Stephen R. Bowers, Judge
Attorney for Appellant Elizabeth A. Bellin Elkhart, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Monika Prekopa Talbot Deputy Attorney General
VAIDIK, CHIEF JUDGE.
At Antoine D. Bates's jury trial for Class B felony
burglary, the State disclosed for the first time that a
wallet (which the owner had lost over two years earlier) had
been found in the area of the burglary. Bates argued that
this late disclosure violated Brady v. Maryland, 373
U.S. 83 (1963), which requires the prosecution to disclose
evidence that is favorable to the defendant. The trial court
found no Brady violation, and Bates was convicted as
charged. Bates now appeals, arguing a Brady
violation and that the evidence is insufficient to support
Because Brady does not impose a general requirement
of pretrial disclosure, Bates gives us no reason to believe
that the wallet's owner could have offered evidence
favorable to him, and Bates did not request a continuance
when the disclosure was first made at trial, we find no
Brady violation. In addition, because the victim saw
Bates running away from her house carrying property that had
been inside, we find that the evidence is sufficient to
support his burglary conviction. We therefore affirm.
and Procedural History
In November 2013, Nancy Medina and her husband, Manuel
Torres, lived at Nancy's parents' house in Harrison
Ridge subdivision in Goshen along with Nancy's parents
and three of her younger siblings. Nancy's youngest
brother was one year old at the time.
On the night of November 9, Nancy and Manuel went with
another couple to a dance club in South Bend to celebrate
Manuel's twenty-second birthday. The group left the club
around 3 a.m., and the other couple drove Nancy and Manuel
home. Nancy was the first to enter the house and left the
door open for her husband. As Nancy headed to the bathroom,
she saw a man standing in the kitchen. Tr. Vol. II p. 227;
Tr. Vol. III p. 4. The man, later identified as Bates, said,
"Don't yell, " but Nancy yelled for her husband
and ran out of the house. Tr. Vol. II pp. 229-30. Bates
followed Nancy out of the house and ran into the street.
Manuel, who was in the driveway, chased Bates for a short
time but then stopped. During this time, Nancy saw that Bates
was carrying her brother's Winnie the Pooh diaper bag
that had been sitting on the kitchen table. It contained baby
clothes and a camera.
Sergeant Scott Frey with the Elkhart County Sheriff's
Department responded to a report of a burglary in progress at
3:35 a.m. After speaking with Nancy, he walked around the
house to see if he could find a point of entry. Sergeant Frey
found a screwdriver by the sliding-glass door. The locking
mechanism on the sliding-glass door was damaged, as if
something had been pushed into it. The screwdriver did not
belong to Nancy or her family.
Undercover Officer (UC) 152 also responded to the report of a
burglary in progress. After receiving a description of Bates,
he helped other officers set up a perimeter around the
subdivision. Shortly thereafter, UC 152 saw a man matching
the description walk out from a wooded area in the
subdivision. UC 152 eventually apprehended and arrested
Bates. Officers did not find the diaper bag.
Several days later, on November 15, officers, including a K-9
officer, searched "every inch" of the subdivision
for the diaper bag but still did not find it. Id. at
191. The K-9 officer, however, found a wallet in the
subdivision. He tracked down the wallet's owner, who said
he had lost his wallet over two years earlier. Id.
at 207. The officers determined that the wallet was unrelated
to this case and did not tell Bates about its discovery.
Thereafter, the State charged Bates with Class B felony
burglary. At the jury trial, one of the searching officers
briefly testified about the discovery of the wallet by the
K-9 officer (who did not testify at trial). Id. at
207. Defense counsel cross-examined the ...