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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: JOSEPH M. CLEARY Collignon & Dietrick Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana WADE JAMES HORNBACHER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
RODNEY HOUSER, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

FILED
Jun 28 2011, 9:45 am
of the supreme court, court of appeals and tax court

CLERK

No. 92A03-1007-CR-399

APPEAL FROM THE WHITLEY CIRCUIT COURT The Honorable James R. Heuer, Judge Cause No. 92C01-0911-MR-128

June 28, 2011

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Rodney Houser appeals his conviction for murder.1 Houser raises three issues, which we consolidate and restate as whether the trial court erred in admitting certain evidence. We affirm. The relevant facts follow. Houser and Debra Houser were married in Indiana in 1999, had one child, G.H., and divorced in 2006. At some point, Houser moved out of state for work, and in the fall of 2009 Houser moved back to Indiana and lived with Debra and G.H. in Whitley County. On one occasion, Houser and Debra met one of Debras coworkers and had several beers at a tavern. At the tavern, Houser stated that Debra "had locked him up twice previously" and that "if that ever happened again he would kill the bitch." Transcript at 242. Debras coworker "kind of chuckled," Houser said "[n]o, Im serious," and Debra "just looked straight down and didnt say a word." Id. On the morning of November 17, 2009, Debra left home for work and G.H. left for school. During the day, Houser visited a Workforce Development Center to inquire about unemployment benefits, visited the public library, and had several beers during the afternoon hours at a tavern with an acquaintance. Between approximately 4:00 and 5:00 p.m., Houser returned to Debras house. Debra was upset with Houser because he was not home when G.H. arrived home from school. Between 6:00 and 6:30 p.m., Houser returned to the tavern and ordered a beer. Around 8:00 or 8:30 p.m., Houser returned to Debras house while Debra was speaking on the phone with her daughter. Houser asked "who in the ,,F she was on the
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Ind. Code

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