Hogg v. State
This text of 581 N.E.2d 430 (Hogg v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
concurring in denial of transfer.
In this case the defendant invites this Court to reexamine the depraved sexual instinct exception to the general rule prohibiting admission of evidence of other crimes previously committed by the defendant. This exception is rooted in part in presumptions about human behavior, particularly the assumption that depraved sexual behavior is significantly more likely to be repeated than other types of criminal conduct.
If there is to be reconsideration of this rule, it would be helpful for future parties' briefs to identify and discuss any relevant social science research literature. Because this is not the thrust of the present case, I concur with the decision to deny transfer.
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Cite This Page — Counsel Stack
581 N.E.2d 430, 1991 Ind. LEXIS 259, 1991 WL 211426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogg-v-state-ind-1991.