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BIBERSTINE v. STATE

No. 70A01-9306-CR-195.

632 N.E.2d 377 (1994)

John BIBERSTINE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

Transfer Denied June 22, 1994.

Attorney(s) appearing for the Case

Michael R. Burrow, Wolf & Burrow, Greenfield, for appellant.

Pamela Carter, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.

BAKER, Judge.

Today, we decide whether the erroneous admission of sexually explicit evidence constitutes fundamental error or ineffective assistance of counsel. Appellant-defendant John Biberstine seeks a new trial based upon the erroneous admission of a sexually explicit magazine and related testimony during his jury trial for Child Seduction,1 a Class D felony, three counts of Child Molesting,2 two Class...

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