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PENLEY v. STATE

No. 1282S469.

506 N.E.2d 806 (1987)

Danny N. PENLEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 15, 1987.

Attorney(s) appearing for the Case

Terrence W. Richmond, Public Defender, Richmond, for appellant.

Linley E. Pearson, Atty. Gen., Cheryl L. Greiner, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

This case requires that we examine the circumstances under which the State may use evidence that a defendant has engaged in unrelated misconduct to prove that he is guilty of the crime for which he is on trial.

Danny Penley was convicted after trial by jury of rape, a class B felony, Ind. Code § 35-42-4-1 (1985 Burns Repl.), and burglary, a class B felony, Ind. Code 35-43-2-1 (1985 Burns Repl.). As a part of its evidence against...

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