Lannan v. State

600 N.E.2d 1334 (1992)

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Lannan v. State

Supreme Court of Indiana
600 N.E.2d 1334 (1992)

  • Written by Peggy Chen, JD
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Facts

Donald Lannan (defendant) was charged with molesting a young girl. At his trial, the prosecution presented testimony from another girl who said that Lannan molested her in the past. The prosecution also presented testimony from the victim concerning other instances when Lannan molested her for which Lannan was not charged. A jury convicted Lannan of molestation. Lannan petitioned the Supreme Court for transfer and asked the court to abandon the “depraved sexual instinct” exception to the rule excluding character evidence. This exception allows evidence of other actions of sexual molestation to be admitted.

Rule of Law

Issue

Holding and Reasoning (Shephard, C.J.)

Concurrence/Dissent (Givan, J.)

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Casebooks

Evidence

Key Terms

  • Federal Rule of Evidence 404(b)Provides that evidence of a crime, wrong, or other act is not admissible to prove a person's character to show that the person acted in accordance with that character on a particular occasion. However, depending on the facts of the case, this type of evidence may be admissible for another purpose, including proving motive, knowledge, intent, or lack of accident.
  • “Depraved Sexual Instinct” ExceptionCommon-law exception to rule excluding evidence of past crimes committed by a defendant that allowed admission of evidence of the defendant's previous sex offenses, meant to illustrate that the defendant had depraved sexual instincts and was thus likely to commit sexual crimes.

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