State v. Bearer

OPINION OF THE COURT

SHAWN L. BRIESE, Circuit Judge.

THIS CAUSE came to be heard on May 28, 1991 pursuant to a nonevidentiary hearing on the State’s Motion in Limine seeking a pretrial order allowing the introduction, at trial, of similar fact evi*143dence pursuant to a notice filed on February 28, 1991. Counsel, subsequent to the May 28, 1991 hearing, stipulated to the use of a psychologist’s 1988 assessment of the victim’s mental capacities. This Court, upon review of the pleadings, the victim’s psychological assessment, argument by counsel, submitted case authority, and further research, finds…