Legal Opinion

Stone v. State

Indiana Court of Appeals

Decided April 10, 1989No. 89A04-8808-CR-266PublishedCited by 41 opinions

1Opinion of the Court

CONOVER, Judge.

Defendant-Appellant Phillip M. Stone (Stone) appeals his jury trial conviction for two counts of child molesting. IND.CODE 35-42-4-3(a).

We reverse.

Stone presents three issues for our review. Bécause we reverse, we discuss only two. They are:

1. whether the trial court erroneously admitted Patterson1 statements, and

2. whether the trial court abused its discretion by admitting cumulative testimony concerning the victim’s account of the molestation.

Although B.L. was 11 years old at the time in question, his level of competency was that of an 8 year old. One night when B.L.’s sister…

Also in this document: Concurrence.

2Cases cited32 opinions

  1. Patterson v. StateIndiana Supreme Court · 1975
  2. Wagner v. StateIndiana Supreme Court · 1985
  3. Mark R. Cook v. Frederick B. HoppinCourt of Appeals for the Seventh Circuit · 1986
  4. Short v. StateIndiana Supreme Court · 1982
  5. McFarlan v. Fowler Bank City Trust Co.Indiana Supreme Court · 1938

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

3Cited by41 opinions

  1. Modesitt v. StateIndiana Supreme Court · 1991
  2. Gibson v. StateIndiana Court of Appeals · 2000
  3. Evans v. StateIndiana Supreme Court · 1994
  4. Young v. StateIndiana Supreme Court · 1998
  5. Hanna v. StateIndiana Court of Appeals · 2000

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

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