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FILICE v. STATE

No. 49A02-0707-CR-591.

886 N.E.2d 24 (2008)

Herman FILICE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 7, 2008.

Attorney(s) appearing for the Case

Elizabeth A. Gabig, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Karl M. Scharnberg, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

Rohypnol, a notorious date rape drug, causes temporary amnesia by inducing extreme feelings of intoxication in a user.1 The facts of this case require us to address, for the first time, various legal issues surrounding a defendant's sexual contact with a woman who was in a Rohypnol-induced state of unawareness. While there is evidence in the record that the defendant knew or should have known that...

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