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Pirnat v. State

Supreme Court of Indiana
Feb 2, 1993
607 N.E.2d 973 (Ind. 1993)

Summary

emphasizing that the new rule in Lannan v. State —that Federal Rule of Evidence 404(b), rather than the "depraved sexual instinct exception," applies when deciding the admissibility of evidence of prior sexual misconduct—applied only to the defendant "and others whose cases properly preserved the issue and whose cases were pending on direct appeal at the time Lannan was decided"

Summary of this case from M.H. v. State

Opinion

No. 82S01-9210-CR-837.

February 2, 1993.

Appeal from the Superior Court, Vanderburgh County, Scott R. Bowers, J.

David M. Shaw, Evansville, for appellant.

Pamela Carter, Atty. Gen., Sue A. Bradley, Deputy Atty. Gen., Indianapolis, for appellee.


ON PETITION FOR REHEARING


The State has petitioned for rehearing after our granting of appellant's petition to transfer in Pirnat v. State (1992), Ind., 600 N.E.2d 1342. We write today to clarify our brief opinion in that case.

Pirnat was decided on the same day as Lannan v. State (1992), 600 N.E.2d 1334. In Lannan, we revisited the depraved sexual instinct exception and announced a new rule concerning the admissibility of prior bad acts in sex offense cases. Pirnat's petition raised a similar challenge to the use of depraved sexual instinct evidence. In accepting Pirnat's transfer petition, we wrote: "Inasmuch as Pirnat's appeal is currently pending as this new rule is announced, the rule of Lannan should be applied to his case." Pirnat, 600 N.E.2d at 1342 (emphasis added). We remanded to the Court of Appeals for reexamination of Pirnat's appeal in light of our holding in Lannan.

The State's petition for rehearing raises several arguments about the merits of Pirnat's appeal which can be addressed to the Court of Appeals on remand. The main thrust of the petition, however, that application of the rule of Lannan "will have a devastating effect on the administration of justice," appears to be based on an assumption by the State that Lannan will be applied retroactively to cases on collateral review, i.e., petitions for post-conviction relief, thereby resurrecting perhaps thousands of child molesting cases long since prosecuted and affirmed. We are not inclined to agree.

Appellee's Brief at 4.

Pirnat and others whose cases properly preserved the issue and whose cases were pending on direct appeal at the time Lannan was decided receive the benefit of review under the new rule for the basic reason that they ought not be penalized merely because we chose another pending case as the vehicle for announcing the change of an evidentiary rule. We doubt Lannan will qualify for retroactive application to cases on collateral review, but reserve that question for another day.

See Daniels v. State (1990), Ind., 561 N.E.2d 487, 488; Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334; Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649.

Petition for rehearing is denied.

All Justices concur.


Summaries of

Pirnat v. State

Supreme Court of Indiana
Feb 2, 1993
607 N.E.2d 973 (Ind. 1993)

emphasizing that the new rule in Lannan v. State —that Federal Rule of Evidence 404(b), rather than the "depraved sexual instinct exception," applies when deciding the admissibility of evidence of prior sexual misconduct—applied only to the defendant "and others whose cases properly preserved the issue and whose cases were pending on direct appeal at the time Lannan was decided"

Summary of this case from M.H. v. State

In Pirnat v. State, 607 N.E.2d 973 (Ind. 1993), for example, we considered the retroactive applicability of our decision about the admissibility of "depraved sexual instinct" evidence to cases pending on appeal at the time Lannan v. State, 600 N.E.2d 1334 (Ind. 1992) was decided.

Summary of this case from Smylie v. State

In Pirnat v. State, 607 N.E.2d 973 (Ind. 1993), for example, we considered the retroactive applicability of our decision about the admissibility of "depraved sexual instinct" evidence to cases pending on appeal at the time Lannan v. State, 600 N.E.2d 1334 (Ind. 1992) was decided.

Summary of this case from Gutermuth v. State

In Pirnat v. State (1993), Ind., 607 N.E.2d 973 (Pirnat II), our supreme court stated that the ruling in Lannan would apply to "Pirnat and others whose cases properly preserved the issue and whose cases were pending on direct appeal at the time Lannan was decided" (emphasis added).

Summary of this case from Ried v. State
Case details for

Pirnat v. State

Case Details

Full title:STEVEN W. PIRNAT, APPELLANT (DEFENDANT BELOW), v. STATE OF INDIANA…

Court:Supreme Court of Indiana

Date published: Feb 2, 1993

Citations

607 N.E.2d 973 (Ind. 1993)

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