Posey v. State

BAKER, Judge.

Today we are yet again asked to apply Lannan v. State (1992), Ind., 600 N.E.2d 1334, retroactively. Appellant-defendant Allen Posey appeals his convictions of three counts of Child Molesting, two Class C felonies, 1 and one Class D felony. 2

ISSUES

Posey raises several issues which we consolidate and restate as:

I. Does the decision in Lannan apply retroactively to Posey’s trial?

II. Did the trial court err when it allowed evidence of uncharged sexual misconduct?

III. Did the trial court err in applying the Rape Shield Statute?

FACTS

In 1988, D.B.’s mother married Posey. Shortly…