Cutler v. State, No. 71A05-1206-CR-339, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2013).
“[T]he State may impeach a testifying defendant by using a prior custodial statement that was indeed recorded but was not ‘available at trial’ as required by Evidence Rule 617 because neither defense counsel nor the prosecutor knew of its existence until trial was under way.”