Legal Opinion

Auer v. State

Indiana Court of Appeals

Decided November 21, 1972No. 3-672A10PublishedCited by 12 opinions

1Opinion of the Court

STATEMENT ON THE APPEAL

STATON, J.

The jury found Tommy Auer guilty of assault and battery with intent to gratify sexual desires upon a twelve year old girl. 1 The trial court entered a judgment sentencing him to “. . . the Department of Corrections, Indiana Diagnostic Center, for a period of not less than one year nor more than five years. . . .” He filed his “Motion to Correct Errors” which raises these issues upon appeal:

ISSUE ONE: Is the in-court identification of Tommy Auer tainted? Does the per se exclusionary rule announced in U.S. v. Wade (1967), 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed.…

2Cases cited19 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Simmons v. United StatesSupreme Court of the United States · 1968
  4. Stovall v. DennoSupreme Court of the United States · 1967
  5. Powell v. AlabamaSupreme Court of the United States · 1932

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

3Cited by12 opinions

  1. Moulder v. StateIndiana Court of Appeals · 1972
  2. Collins v. StateIndiana Court of Appeals · 1975
  3. Dawson v. StateIndiana Court of Appeals · 1975
  4. Mayfield v. StateIndiana Court of Appeals · 1980
  5. Darmody v. StateIndiana Court of Appeals · 1973

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

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