Gilman v. State

Indiana Supreme Court

Decided June 1, 1972

Indiana Supreme Court · decided 1972-06-01

Relies on Miller v. State · Kerlin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-06-01

How this case has been cited

Cited by 28 later decisions — most recently November 2008 · most notably Lawrence v. State (1972), State v. Treadaway (1977)

28 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Dissenting Opinion

DeBruler, J.

¶2I would order this appellant to be tried again without any reference to his prior crime. I continue firm in my belief that evidence of other crimes is inadmissible when it merely attempts to show a predisposition to commit a crime. Calling this prior crime evidence of a “depraved sexual instinct”, whatever that phrase means in modern terminology, does not make this highly prejudicial evidence relevant in any manner to the case at bar. See my dissents in Kerlin v. State (1970) , 255 Ind. 420, 265 N. E. 2d 22, and in Miller v. State (1971) , 256 Ind. 296, 268 N. E. 2d 299.