Tyler v. State

On Petition to Transfer from the Indiana Court of Appeals, No. 69404-0702-CR-120

BOEHM, Justice.

We exercise our supervisory power to hold that a party may not introduce testimony via the Protected Person Statute if the same person testifies in open court as to the same matters. We also exercise our authority to revise the defendant's 110-year sentence to sixty-seven and one-half years.

Facts and Procedural History

Brian Tyler's girlfriend regularly babysat for a family with three children aged five to eight. Often, she would bring Tyler along. On December 30, 2005, the girlfriend babysat the…