Tinkham v. State

OPINION

BARNES, Judge.

Case Summary

David Tinkham appeals his convictions for child molesting as a Class A felony and child molesting as a Class C felony, We reverse.

Issues

The dispositive issue is whether the trial court committed reversible error when instructing the jury. For purposes of retrial, we also address whether the trial court erred in admitting into evidence certain statements made by Tinkham's wife.

Facts

The evidence most favorable to the convictions reveals that during the summer of 2001, M.B., who was born in 1992, was living with Tinkham and his wife, Kim. The Tinkahms were M.B.'s…