# Lannan v. State

> Indiana Supreme Court · October 16, 1992 · 600 N.E.2d 1334

URL: https://www.frixlaw.com/law-library/cases/9716302

## Case

- **Full name:** Donald G. LANNAN, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below)
- **Court:** Indiana Supreme Court
- **Decided:** October 16, 1992
- **Citations:** 600 N.E.2d 1334; 1992 Ind. LEXIS 234; 1992 WL 289550
- **Precedential status:** Published
- **Opinion:** Concurrence by Givan
- **Judges:** Shepard, Debruler, Dickson, Krahulik, Givan
- **Cited by:** 154 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by Hoglund v. State, 2012 Ind. LEXIS 22 (2012).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9716302

## How later opinions describe it (automated extraction)

- holding the depraved sexual instinct exception is no longer recognized in Indiana

## Opinion text

GIVAN, Justice,
concurring in result.
I concur in the result of the majority opinion. I strongly disagree with the majority's abolition of the depraved sexual instinct rule. The majority opinion very accurately has set forth the reasons for the adoption of this rule and the long history of its usage in this State. I find no need to repeat the statements made in the majority opinion. Suffice it to say that based upon those reasons given, I believe the necessity to protect children from the devastating harm of molestation justifies the invocation of the rule.
I fully recognize, as stated by the majority, that in most cases the evidence of prior conduct probably will come in under accepted rules which the majority leaves intact. However, I do not believe this fact justifies the abrogation of the rule. I believe a jury is entitled to know that a defendant in a child molesting case has a history of sexual deviate conduct because of the heinous nature of the crime and the possible unbeliev *1342 ability of a small child. To me, the abrogation of this rule is an erosion, albeit small, of the protection of children. I would not diminish that protection one iota.
I concur with the majority in their affir-mance of the conviction of appellant.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9716302. Public record. Not legal advice.