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Legal Opinion

Udarbe v. State

Indiana Court of Appeals

Decided May 8, 2001No. 45A03-0010-CR-373PublishedCited by 9 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge

Noel Udarbe appeals his conviction of attempted criminal deviate conduct, 1 a Class B felony, contending that the trial court erred in admitting uncharged sexual misconduct evidence when his intent was not placed at issue. We agree and reverse and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

The facts most favorable to the judgment show that in July 1996, Maria Baclao, a Philippino on a working visa, worked as a visiting nurse at Gentlepro Health Home Services. Udarbe was Baclao’s supervisor. Udarbe first sexually assaulted Baclao at work sometime between March and…

2Cases cited13 opinions

  1. Hicks v. StateIndiana Supreme Court · 1997
  2. Wickizer v. StateIndiana Supreme Court · 1993
  3. United States v. Vincent Beltempo, Guiseppe Gallina, A/K/A "Fillipo", and Barbara WalbergCourt of Appeals for the Second Circuit · 1982
  4. Cook v. StateIndiana Supreme Court · 2000
  5. Evans v. StateIndiana Supreme Court · 2000

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3Cited by9 opinions

  1. Bryant v. StateIndiana Court of Appeals · 2004
  2. Simmons v. StateIndiana Court of Appeals · 2002
  3. Casady v. StateIndiana Court of Appeals · 2010
  4. Kenyatta Erkins and Ugbe Ojile v. State of IndianaIndiana Court of Appeals · 2013
  5. Christopher J. Hamman v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019

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

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