Ried v. State

I respectfully dissent. In Lannan v. State (1992), Ind., 600 N.E.2d 1334, our supreme court abandoned the "depraved sexual instinct" exception to the admission of uncharged crimes and criminal conduct in favor of the policy espoused in Federal Rule of Evidence 404(B). Because the supreme court did not provide that Lannan would operate only prospectively, its holding is applicable to, at a minimum, all cases pending on direct appeal where the issue is properly preserved. Pirnat v. State (1993), Ind., 607 N.E.2d 973 (opinion on rehearing) (Pirnat II);, Pirnat v. State (1992), Ind., 600 N.E.2d…