Poffenberger v. State

STATEMENT OF THE CASE

RATLIFF, Chief Judge.

Thomas L. Poffenberger appeals his conviction for Child Molesting, 2 a Class C felony. We reverse and remand.

ISSUES 3

We restate the issues on appeal as:

1. Did the trial court err in admitting an audio-taped statement of the child victim in violation of IND. CODE § 35-87-4-67

2. Was Poffenberger denied effective assistance of counsel?

FACTS

In 1989, the three-year-old victim, S.P. resided with her aunt, Deanna Armstrong from January to April. In March, S.P. spent the night at Rebecca Newman's home three different nights. Newman is the ex-wife of…