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LEE v. STATE

No. 45S05-0510-CR-454.

849 N.E.2d 602 (2006)

David Jeffrey LEE Appellant (Defendant below), v. STATE of Indiana Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied September 22, 2006.

Attorney(s) appearing for the Case

Benjamen W. Murphy, Merrillville, for Appellant.

Steve Carter, Attorney General, Cynthia L. Ploughe, Joby Jerrells, Deputy Attorney Generals, Indianapolis, for Appellee.

BOEHM, Justice.

Facts and Procedural History

In the spring of 2003, David Lee and his fiancée, Melissa Koczur, lived in a house in Highland, Indiana, owned by David's mother, Margaret Lee. David operated a photography studio in the basement of their home. On May 10, 2003, Melissa went to the basement to get some fertilizer and noticed five videocassette recorders in an open Gateway shipping box. Several unlabeled VHS tapes were in or near the box. Melissa...

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