Dennis Ray Smith v. State of Indiana

OPINION

BAKER, Judge.

In the instant case, appellant-defendant Dennis Smith claims that his recorded statement to police, during which he admitted to inappropriately touching his stepdaughter, who was about five years old at the time, should not have been admitted into evidence at trial because it was obtained in violation of the Fifth Amendment to the United States Constitution. Accordingly, Smith requests that we reverse his four convictions for class A felony Child Molesting. 1

Additionally, both the State and Smith maintain that Smith’s convictions violate the prohibition against double…