Hart v. State

DICKSON, Justice.

Defendant-appellant Robert Hart was convicted of child molesting, a class A felony, and two counts of confinement, as class B felonies. In a memorandum decision, the Court of Appeals affirmed, 566 N.E.2d 1113, relying upon its prior decision in Brady v. State (1989), Ind.App., 540 N.E.2d 59. Because we have since vacated that decision, Brady v. State (1991), Ind., 575 N.E.2d 981, we now grant transfer in the present case solely to assess whether our decision in Brady requires a reversal here because of defendant Hart's exclusion from the courtroom during the testimony of the…