Summary
In Pirnat v. State (1992), Ind., 600 N.E.2d 1342, the court made it clear that the rule of Lannan applied to cases currently on appeal so long as the evidentiary error had been preserved at trial.
Summary of this case from Thomas v. StateOpinion
No. 82S01-9210-CR-837.
October 16, 1992.
Appeal from the Vanderburgh Superior Court, Scott H. Bowers, Judge.
David M. Shaw, Evansville, for appellant.
Linley E. Pearson, Atty. Gen., Sue A. Bradley, Deputy Atty. Gen., Indianapolis, for appellee.
A jury found Steven W. Pirnat guilty of child molesting, a class D felony, Ind. Code Ann. § 35-42-4-3(d) (West 1986). The Court of Appeals affirmed. Pirnat v. State (1992), Ind. App., 596 N.E.2d 259.
Pirnat's petition for transfer alleges error in the introduction of certain evidence admitted to show his depraved sexual instinct. We have today in Lannan v. State, 600 N.E.2d 1334 (1992), revisited the depraved sexual instinct exception and announced a new rule concerning the admissibility of prior bad acts in sex offense cases. Inasmuch as Pirnat's appeal is currently pending as this new rule is announced, the rule of Lannan should be applied to his case. Daniels v. State (1990), Ind., 561 N.E.2d 487, 488. See, also, Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987); Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989).
Therefore we remand to the Court of Appeals for reexamination of Pirnat's appeal in light of our holding today in Lannan v. State.
DeBRULER, DICKSON and KRAHULIK, JJ., concur.
GIVAN, J., votes to deny transfer.