Penley v. State

SHEPARD, Chief Justice.

This case requires that we examine the cireumstances under which the State may use evidence that a defendant has engaged in unrelated misconduct to prove that he is guilty of the crime for which he is on trial.

Danny Penley was convicted after trial by jury of rape, a class B felony, Ind.Code § 35-42-4-1 (1985 Burns Repl), and burglary, a class B felony, Ind.Code 85-48-2-1 (1985 Burns Repl.) As a part of its evi dence against Penley, the State presented testimony about assaults on five other women occurring at various times over a three-year period. Some of these…