Legal Opinion

Shanks v. State

Indiana Court of Appeals

Decided September 28, 1994No. 80A02-9212-CR-593PublishedCited by 8 opinions

1Opinion of the Court

SULLIVAN, Judge.

Once again, we must determine whether reversal is required due to the admission of depraved sexual instinct evidence in the wake of Lannan v. State (1992) Ind., 600 N.E.2d 1334. This case offers a new twist, however, because the defendant was tried to the court and not to a jury.

The facts most favorable to the trial court’s judgment reveal that Shanks has three daughters: J.S., M.S., and L.S. In late 1990 or early 1991, J.S. told a school counsel- or that Shanks had been molesting her. She reported that he had touched and fondled her breasts on September 8, 1988, and that he…

Also in this document: Concurrence.

2Cases cited21 opinions

  1. Ashton v. AndersonIndiana Supreme Court · 1972
  2. Lannan v. StateIndiana Supreme Court · 1992
  3. Hardin v. StateIndiana Supreme Court · 1993
  4. Misenheimer v. StateIndiana Supreme Court · 1978
  5. Barger v. StateIndiana Supreme Court · 1992

16 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Konopasek v. StateIndiana Supreme Court · 2011
  2. Estate of Fowler v. PerryIndiana Court of Appeals · 1997
  3. Dwight L. Cobbs v. State of IndianaIndiana Court of Appeals · 2013
  4. Konopasek v. StateIndiana Court of Appeals · 2010
  5. Roche v. StateIndiana Court of Appeals · 1998

3 more not listed; retrieve them via the Exa API.

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