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STRAIN v. STATE

No. 56A03-9001-CR-3.

560 N.E.2d 1272 (1990)

Rick STRAIN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Transfer Denied March 19, 1991.

Attorney(s) appearing for the Case

Robert B. Smart, Morocco, for appellant.

Linley E. Pearson, Atty. Gen., David M. Sommers, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

Rick Strain appeals his conviction for two counts of child molesting, presenting us with two issues on appeal:

I. Whether the trial court's admission of evidence relating to a CHINS proceeding which was not disclosed in the prosecution's discovery responses placed Strain into a position of grave peril so as to warrant a grant of mistrial. II. Whether the victim's recantation of her trial testimony entitled Strain to a new trial.<...

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