Evidence keyed to Fisher
Lannan v. State
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Appellant was twenty-three years old at the time he was arrested; Victim was fourteen. Appellant was charged with molestation and, at trial, the jury that eventually convicted Appellant was allowed to hear testimony from Victim, as well as from another alleged victim who claimed Appellant had molested her in the past. Both Victim and the other non-party testified that Appellant had molested both of them in his truck in the past; Victim also testified that she had engaged in intercourse with Appellant on at least three other instances. Under prior Indiana precedent, in any prosecution for, “incest, sodomy, criminal deviate conduct or child molesting,” evidence of prior sexual conduct was allowed under the so-called, “depraved sexual instinct exception.” Appellant appeals his conviction, arguing for an abandonment of the Indiana exception to the rule under which the alleged past sexual acts were allowed into evidence in the lower court.
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