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SHANKS v. STATE

No. 80A02-9212-CR-593.

640 N.E.2d 734 (1994)

Kenneth L. SHANKS, Appellant-Defendant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

September 28, 1994.

Attorney(s) appearing for the Case

Thomas R. Lett, Tipton, for appellant.

Pamela Carter, Atty. Gen., Cynthia L. Ploughe, Indianapolis, for appellee.

SULLIVAN, Judge.

Once again, we must determine whether reversal is required due to the admission of depraved sexual instinct evidence in the wake of Lannan v. State (1992) Ind., 600 N.E.2d 1334. This case offers a new twist, however, because the defendant was tried to the court and not to a jury.

The facts most favorable to the trial court's judgment reveal that Shanks has three daughters: J.S., M.S., and L.S. In...

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