Ried v. State

SHEPARD, Chief Justice.

During appellant Steven Ried’s trial, the court admitted evidence which might now be excluded under Lannan v. State (1992), Ind., 600 N.E.2d 1334. A divided Court of Appeals held on appeal that such evidence does not constitute fundamental error such that the issue may be argued on appeal without an objection at trial. This is correct.

After an initial mistrial, Ried was convicted of two counts of child molesting, a class C felony, Ind.Code § 35-42-4-3(b) (West 1986), and found to be an habitual offender. He presented two issues on appeal. First, Ried contended that his…