Legal Opinion

Fisher v. State

Indiana Court of Appeals

Decided October 20, 1994No. 79A02-9309-CR-493PublishedCited by 24 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

Appellant-defendant Benjamin Fisher appeals his conviction of two counts of Child Molesting, 1 Class C felonies. His sole claim of error is that the trial court impermissibly admitted evidence of his prior uncharged sexual misconduct.

We reverse.

FACTS

At trial, Fisher's nine-year-old granddaughter testified that Fisher touched and rubbed her vagina on two occasions: once while the victim was in Fisher's truck and once while she watched television with Fisher in her home. Fisher testified in his own defense that he would occasionally rub the victim's chest and stomach…

2Cases cited15 opinions

  1. United States v. Orange Jell BeechumCourt of Appeals for the Fifth Circuit · 1978
  2. Lannan v. StateIndiana Supreme Court · 1992
  3. United States v. Frank John Schweihs, United States of America v. Anthony F. DaddinoCourt of Appeals for the Seventh Circuit · 1992
  4. Wickizer v. StateIndiana Supreme Court · 1993
  5. United States v. Leon Hudson and Reginald SmithCourt of Appeals for the Seventh Circuit · 1990

10 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Hicks v. StateIndiana Supreme Court · 1997
  2. Evans v. StateIndiana Supreme Court · 2000
  3. Crain v. StateIndiana Supreme Court · 2000
  4. State v. PrinceSupreme Court of Missouri · 2017
  5. Tracy v. MorellIndiana Court of Appeals · 2011

19 more not listed; retrieve them via the Exa API.

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