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Amburn v. State

550 N.E.2d 762, 1990 Ind. App. LEXIS 301, 1990 WL 18435
CourtIndiana Court of Appeals
DecidedJanuary 25, 1990
Docket23A01-8903-CR-74
StatusPublished
Cited by6 cases

This text of 550 N.E.2d 762 (Amburn v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amburn v. State, 550 N.E.2d 762, 1990 Ind. App. LEXIS 301, 1990 WL 18435 (Ind. Ct. App. 1990).

Opinions

BAKER, Judge,

concurring.

I concur in the result reached by the majority and agree with the reasoning set forth in its opinion. Nonetheless, I would affirm the trial court's admission of the testimony in question under the depraved sexual instinet exception. As pointed out in my original dissenting opinion, evidence of prior criminal sexual conduct is admissible in prosecutions for crimes involving a depraved sexual instinct. Lehiy v. State (1986), Ind.App., 501 N.E.2d 451. The crime prosecuted in the present case was child molesting, an act involving a depraved sexual instinct. Knisley v. State (1985), Ind.App., 474 N.E.2d 513. Accordingly, the testimony was admissible under the depraved sexual instinct exception.

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Related

Kingery v. State
659 N.E.2d 490 (Indiana Supreme Court, 1995)
Pruitt v. Indiana
622 N.E.2d 469 (Indiana Supreme Court, 1993)
Berry v. State
574 N.E.2d 960 (Indiana Court of Appeals, 1991)
Schick v. State
570 N.E.2d 918 (Indiana Court of Appeals, 1991)
Amburn v. State
550 N.E.2d 762 (Indiana Court of Appeals, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
550 N.E.2d 762, 1990 Ind. App. LEXIS 301, 1990 WL 18435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amburn-v-state-indctapp-1990.