Lawrence v. State, 464 N.E.2d 923 (Ind. 1984). · Go Syfert
Lawrence v. State, 464 N.E.2d 923 (Ind. 1984). Cases Citing This Book View Copy Cite
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Still-good law most often cited alongside it: Stewart (1990) · Jarrett (1984) · Head (1988)
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cited 3× by 2 distinct cases, last quoted 1988 · …in my opinion the child is telling the truth
G Cite: Red. Inherited from the case-level flag (only 9 quote-bearing citers)
125 citation events (43 in the last 25 years) across 7 distinct courts.
Strongest positive: Ricardo Minney v. State of Indiana (mem. dec.) (indctapp, 2015-10-15) · Strongest negative: Keith Hoglund v. Ron Neal (ca7, 2020-05-14)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
mentioned Overruled Keith Hoglund v. Ron Neal
7th Cir. · 2020 · confidence bake:cell
Indiana precedent at the time of trial— Lawrence v. State, 464 N.E.2d 923 (Ind. 1984), overruled by No. 18-2949 3 Hoglund v. State, 962 N.E.2d 1230 (Ind. 2012)—allowed lim- ited, indirect vouching.
mentioned Overruled Keith Hoglund v. Ron Neal
7th Cir. · 2020 · confidence bake:cell
Indiana precedent at the time of trial— Lawrence v. State, 464 N.E.2d 923 (Ind. 1984), overruled by No. 18-2949 3 Hoglund v. State, 962 N.E.2d 1230 (Ind. 2012)—allowed lim- ited, indirect vouching.
discussed Overruled Douglas Johnson v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2017 · confidence bake:cell
Court of Appeals of Indiana | Memorandum Decision 92A04-1703-PC-436 | July 5, 2017 Page 10 of 14 At the time of the trial, Indiana allowed “some form of vouching of child witness testimony in child molestation cases.” Hoglund v. State, 962 N.E.2d 1230, 1235 (Ind. 2012).2 Specifically, at that time, witnesses were permitted to provide opinions that would “facilitate an original credibility assessment of the child by the trier of fact, so long as they do not take the direct form of ‘I believe the child’s story’ or ‘In my opinion the child is telling the truth.’” Lawrence v. Sta…
examined Overruled Keith Hoglund v. State of Indiana (mem. dec.) (3×) also: Cited as authority (rule), Cited "see"
Ind. Ct. App. · 2016 · confidence bake:cell
At the time of Hoglund’s trial, the law in Indiana permitted “some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, and that the child is not prone to exaggerate or fantasize about sexual matters.” Lawrence v. State, 464 N.E.2d 923, 925 (Ind. 1984) overruled by Court of Appeals of Indiana | Memorandum Decision 90A02-1503-PC-182 | February 5, 2016 Page 8 of 13 Hoglund v. State, 962 N.E.2d 1230 (Ind. 2012).
discussed Cited as authority (rule) Ricardo Minney v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · confidence medium
Disagreeing with the previous line of cases, the Hoglund court enunciated a new rule: [W]e expressly overrule that portion of Lawrence allowing for “some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child was not prone to exaggerate or fantasize about sexual matters.” [Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984)].
discussed Cited as authority (rule) Melvin C. Hamilton v. State of Indiana
Ind. Ct. App. · 2015 · confidence medium
Specifically, in Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984), the court had held that trial courts were allowed to permit “some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone to exaggerate or fantasize about sexual matters.” The Hoglund court noted that Lawrence predated the adoption of the Indiana Evidence Rules.
cited Cited as authority (rule) John v. Guthrie v. State of Indiana
Ind. Ct. App. · 2014 · confidence medium
She had anxiety about preciseness. 17 464 N.E.2d at 924-25 (alterations in original).
discussed Cited as authority (rule) William Hinesley, III v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
Before Hoglund, courts allowed "some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone to exaggerate or fantasize about sexual matters." Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984).
discussed Cited as authority (rule) Jerry L. Kindred v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Until recently, an exception was made to Evidence Rule 704(b) for vouching testimony in child-molesting cases, under the rationale that “ ‘[t]he child’s capacity to accurately describe a meeting with an adult which may involve touching, sexual stimulation, displays of affection and the like, is automatically in issue....’” Stewart v. State, 555 N.E.2d 121, 125 (Ind.1990) (quoting Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984)), abrogated on other grounds by Lannan v. State, 600 N.E.2d 1334 (Ind.1992).
discussed Cited as authority (rule) Jason Michael Palilonis v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Until recently, an exception was made to Evidence Rule 704(b) for vouching testimony in child-molesting cases, under the rationale that “‘[t]he child’s capacity to accurately describe a meeting with an adult which may involve touching, sexual stimulation, displays of affection and the like, is automatically in issue . . . .’” Stewart v. State, 555 N.E.2d 121, 125 (Ind. 1990) (quoting Lawrence v. State, 464 N.E.2d 923, 925 (Ind. 1984)), abrogated on other grounds by Lannan v. State, 600 N.E.2d 1334 (Ind. 1992).
discussed Cited as authority (rule) PALILONIS v. State
Ind. Ct. App. · 2012 · confidence medium
Until recently, an exception was made to Evidence Rule 704(b) for vouching testimony in child-molesting cases, under the rationale that “ ‘[t]he child’s capacity to accurately describe a meeting with an adult which may involve touching, sexual stimulation, displays of affection and the like, is automatically in issue....’” Stewart v. State, 555 N.E.2d 121, 125 (Ind.1990) (quoting Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984)), abrogated on other grounds by Lannan v. State, 600 N.E.2d 1334 (Ind.1992).
discussed Cited as authority (rule) Richard Dean Martin v. State of Indiana
Ind. Ct. App. · 2012 · confidence medium
Twenty-eight years ago, in Lawrence v. State, 464 N.E.2d 923, 925 (Ind. 1984), our supreme court held that a child victim’s capacity to describe sexual events justified “permitting some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone 9 to exaggerate or fantasize about sexual matters.” Such opinions were permissible to facilitate an original credibility assessment of the child by the trier of fact, so long as they do not take the direct form of ‘I believe the child’s stor…
discussed Cited as authority (rule) Hoglund v. State
Ind. · 2012 · confidence medium
Such opinions will facilitate an original credibility assessment of the child by the trier of fact, so long as they do not take the direct form of “I believe the child’s story”, or “In my opinion the child is telling the truth.” 464 N.E.2d 923, 925 (Ind.1984); accord Head v. State, 519 N.E.2d 151, 153 (Ind.1988) (finding it permissible under Lawrence to allow witness to testify that child victim was not prone to fabrication or to fantasizing, but reversible error for witness “to review each item of the child’s testimony and to specifically vouch for the truthfulness of such testi…
discussed Cited as authority (rule) Bradley Bradford v. State of Indiana (2×)
Ind. Ct. App. · 2012 · confidence medium
In the context of child molesting cases, however, the Indiana Supreme Court has recognized “that there is a special problem in assessing the credibility of children who are called upon as witnesses to describe sexual conduct.” Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984), abrogated on other grounds by Lannan v. State, 600 N.E.2d 1334 (Ind. 1992).
discussed Cited as authority (rule) Bradford v. State (2×)
Ind. Ct. App. · 2012 · confidence medium
In the context of child molesting cases, however, the Indiana Supreme Court has recognized “that there is a special problem in assessing the credibility of children who are called upon as witnesses to describe sexual conduct.” Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984), abrogated on other grounds by Lannan v. State, 600 N.E.2d 1334 (Ind.1992).
discussed Cited as authority (rule) Rose v. State
Ind. Ct. App. · 2006 · confidence medium
Such opinions ... facilitate an original credibility assessment of the child by the trier of fact [[Image here]] Id. (quoting Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984), abrogated on other grounds by Lannan, 600 N.E.2d at 1838-39 ).
cited Cited as authority (rule) Sanders v. State
Ind. Ct. App. · 2005 · confidence medium
Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984), abrogated on other grounds, Lannan v. State, 600 N.E.2d 1334 (Ind. 1992).
discussed Cited as authority (rule) Krumm v. State
Ind. Ct. App. · 2003 · confidence medium
Ind. Evidence Rule 704(b) provides that: "[wlitnesses may not testify to opinions concerning intent, guilt, or innocence in a criminal case; the truth or falsity of allegations; whether a witness has testified truthfully; or legal conclusions." However, our supreme court has recognized "that there is a special problem in assessing the credibility of children who are called upon as witnesses to describe *1179 sexual conduct." Lawrence v. State, 464 N.E.2d 923, 925 (Ind.1984), abrogated on other grounds by Lannan v. State, 600 N.E.2d 1334 (Ind.1992).
discussed Cited as authority (rule) Utley v. State
Ind. Ct. App. · 1998 · confidence medium
See Stewart v. State, 555 N.E.2d 121, 124-25 (Ind.1990) (depraved sexual instinct); Lawrence v. State, 464 N.E.2d 923, 924 (Ind.1984) (male’s sexual aggressiveness toward women); Raines v. State, 251 Ind. 248 , 240 N.E.2d 819, 820 (1968) (irrelevant evidence of homosexual activity reversible error); Kallas v. State, 227 Ind. 103 , 83 N.E.2d 769, 773-74 (1949), cert. denied, 336 U.S. 940 , 69 S.Ct. 744 , 93 L.Ed. 1098 ; Grimes v. State, 450 N.E.2d 512, 518-19 (Ind.1983) (evidence of bondage/sadomasochism relevant to show how victim died); D.H. v. J.H., 418 N.E.2d 286, 290-93 (Ind.Ct.App.1981)…
discussed Cited as authority (rule) Posey v. State
Ind. Ct. App. · 1993 · confidence medium
Lawrence v. State (1984), Ind., 464 N.E.2d 923, 924 (evidence of rape of adult woman 22 years earlier was admissible in child molesting trial because both crimes exhibited sexual aggression marked by force or intimidation).
discussed Cited as authority (rule) Goodson v. State
Miss. · 1990 · confidence medium
See also Thompson v. State, 769 P.2d 997 (Alaska Ct. App. 1989); State v. Lindsey, 149 Ariz. 472, 474-75 , 720 P.2d 73, 75-76 (1986); People v. Oliver, 745 P.2d 222, 225 (Colo. 1987); People v. Ross, 745 P.2d 277, 278 (Colo.Ct.App. 1987); Tingle v. State, 536 So.2d 202 (Fla. 1988); Head v. State, 519 N.E.2d 151, 153 (Ind. 1988); Lawrence v. State, 464 N.E.2d 923, 925 (Ind. 1984); State v. Brotherton, 384 N.W.2d 375, 378-79 (Iowa 1986) (court held that testimony that a young child could not fantasize about a sexual act was improper indirect testimony regarding the child's credibility); *1154 St…
discussed Cited as authority (rule) State v. Taylor
Mo. Ct. App. · 1987 · confidence medium
This latter proposition has in some states led to the candid recognition of the admissibility of other acts which show “a depraved sexual instinct”, Lawrence v. State, 464 N.E.2d 923, 924 (Ind.1984); or an “emotional propensity for sexual aberration”, State v. Jerousek, 121 Ariz. 420 , 590 P.2d 1366, 1372 (banc 1979); or “unnatural lust”, State v. Raye, 73 N.C.App. 273 , 326 S.E.2d 333, 335 (1985).
discussed Cited "see" Larry J. Truesdale v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · signal: see · confidence high
See Hoglund v. State, 962 N.E.2d 1230, 1233-34 (Ind. 2012) (discussing Lawrence v. State, 464 N.E.2d 923 (Ind. 1984)), Court of Appeals of Indiana | Memorandum Decision 60A01-1503-CR-104 | November 20, 2015 Page 14 of 19 reh’g denied.
cited Cited "see" Lee Tibbetts v. State of Indiana
Ind. Ct. App. · 2014 · signal: see · confidence high
See Lawrence, 464 N.E.2d at 925 .
discussed Cited "see" Neil Short v. State of Indiana
Ind. Ct. App. · 2014 · signal: see · confidence high
See Lyles v. State, 834 N.E.2d 1035 (Ind. Ct. App. 2005), trans. denied. 2 Hoglund is the only authority cited in this section of Short’s appellate brief. 10 [W]e expressly overrule that portion of Lawrence allowing for ‘some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child was not prone to exaggerate or fantasize about sexual matters.’ [Lawrence v. State, 464 N.E.2d 923, 925 (Ind. 1984)].
cited Cited "see" Fleener v. State
Ind. Ct. App. · 1995 · signal: see · confidence high
See Lawrence v. State (1984), Ind., 464 N.E.2d 923, 925 .
cited Cited "see" Fisher v. State
Ind. Ct. App. · 1994 · signal: see · confidence high
See Lawrence v. State (1984), Ind., 464 N.E.2d 923 ; Harp v. State (1988), Ind.App., 518 N.E.2d 497 .
discussed Cited "see" Lannan v. State (2×)
Ind. · 1992 · signal: see · confidence high
See Lawrence v. State (1984), Ind., 464 N.E.2d 923 (evidence of sexual crime committed twenty-two years earlier admitted to show depraved sexual instinct); Kerlin v. State (1970), 255 Ind. 420 , 265 N.E.2d 22 (in prosecution for sodomy with fifteen-year-old boy, evidence admitted showing defendant committed *1339 sodomy with two adult males seven and eight years before).
cited Cited "see" Jarrett v. State
Ind. · 1984 · signal: see · confidence high
See Lawrence v. State, (1984) Ind., 464 N.E.2d 923 ; Miller v. State.
discussed Cited "see, e.g." Crabtree v. State (2×)
Ind. Ct. App. · 1989 · signal: see, e.g. · confidence low
See, e.g., Lawrence v. State (1984), Ind., 464 N.E.2d 923 (twenty-two years); Dockery v. State (1987), Ind. App., 504 N.E.2d 291 (seventeen to thirty years).
discussed Cited "see, e.g." Knisley v. State (2×)
Ind. Ct. App. · 1985 · signal: see also · confidence low
Jarrett, 465 N.E.2d at 1100 ; see also, Lawrence, 464 N.E.2d 923 .
Retrieving the full opinion text from the archive…
Billy E. LAWRENCE, Sr., Appellant,
v.
STATE of Indiana, Appellee
982S368.
Indiana Supreme Court.
Jun 29, 1984.
464 N.E.2d 923
1984 Ind. LEXIS 856
Harry W. Hanson, Washington, for appellant., . Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
Debruler, Givan, Hunter, Prentice, Pivarnik.
Cited by 78 opinions  |  Published
DeBRULER, Justice.

Appellant, Billy E. Lawrence, Sr., was convicted on four counts of the offense of child molesting in violation of Ind.Code § 35-42-4-8(a). Appellant was forty-four years of age at the time of the alleged offense, and the putative victim in each count was a nine year-old neighborhood girl. The separate counts charged fondling, sexual intercourse, and anal and oral copulation. He received sentences totalling fifty years. _

I

The first question is whether the trial court erred in admitting evidence of a rape conviction of appellant twenty-two years before the charged offenses, in Illinois in 1959. The evidence was objected to on the basis that it was irrelevant. The objection was overruled. The gravamen of the argument on appeal is that the 1959 conviction and the sexual misconduct which it represented had no logical relevancy at all after taking place to prove alleged acts of sexual misconduct subsequently charged, and that any strand of relevance extending into the future time from 1959, became attenuated and then totally non-existent by the passage of time prior to 1981, when the acts forming the basis of the present charges took place.

Relevancy is the tendency of evidence to establish a material proposition. In order to be admissible in the prosecution's case-in-chief, evidence must be probative of guilt.

The general rule in Indiana for the admission of evidence of separate, independent and distinct crimes in establishing the guilt of the defendant is that such evidence is irrelevant and inadmissible subject to several exceptions. Among them is the exception for the admissibility of prior criminal acts which show the defendant had a depraved sexual instinct, when the charges upon which he is being tried involve that same instinct. Miller v. State, (1971) 256 Ind. 296, 268 N.E.2d 299; Austin v. State, (1974) 262 Ind. 529, 319 N.E.2d 130. Appellant's prior rape conviction was admitted on the basis that it was circumstantial evidence of his guilt of the sexual misconduct charged in this case. Consent of the victim is not at issue.

In this case, appellant was twenty-two years old in 1959 and forty-four years old in 1981. Throughout this span of years, a man normally maintains an active sexual interest in arid at least some degree of sexual aggression toward women. Achieving sexual connection with a nine year-old child is a sexually aggressive act, accomplished by overpowering and intimidation. It is similar in character to the sexual aggressive attitude accompanying an approach to a woman by force, threat and engendering fear. Since the male sexual attitude normally continues and persists through these years, the passage of time alone would not end any strand of relevance having it as its basis. The argument made is not sustained. Augustine v. State, (1984) Ind., 461 N.E.2d 101.

IL.

Faced with limited evidence of physical trauma to support these charges, the witness, Norma Newman, a clinical social worker, was called to the stand during the State's case-in-chief immediately following the testimony of the child. She first explained that she had spent six hour long sessions with the child over a five-month period following the alleged assaults. She also stated that the exact nature of the assaults was not touched upon in any of the sessions. Under questioning by the prosecutor in the case-in-chief, the following occurred:

"Q. Have you come into any conclusions concerning her perception of reality?
[*925] A. I believe (the alleged victim) has a strong ability to know what happens to her.
Q. Did you receive any indication or is it your opinion that it is possible that she fabricated the story concerning her sexual trauma, out of some sort of need?
A. None. The only thing I noted was a great anxiety on (her) part to be very sure she was telling the truth very precisely. She had anxiety about preciseness."

Defense counsel made continuing and immediately contemporaneous objections to these questions on the basis that they invaded the province of the jury, and constituted an impermissible attempt to accredit the victim witness. The objections were overruled.

It is essential to a trial of issues of fact that the trier of fact determine which witnesses are worthy of belief and which are not, and what testimony is the more reasonable and probable; that is, it must determine the credibility of the witnesses and the weight of the evidence. There is no lawful trial of fact without such an assessment by the judge or jury at an original, individual, or personal level. The law demands that those trial tactics and procedures which aid and enrich the process be encouraged, and those which hinder it be discouraged. The rule that all witnesses are presumed to speak the truth, and may not be accredited until discredited by the evidence or otherwise, Bryant v. State, (1954) 233 Ind. 274, 118 N.E.2d 894, and Norton v. State, (1980) 273 Ind. 635, 408 N.E.2d 514, serves the process. The rule which precludes the giving of opinion testimony which invades the province of the jury likewise serves the process. Limp v. State, (1982) Ind., 431 N.E.2d 784.

Courts have recognized that there is a special problem in assessing the credibility of children who are called upon as witnesses to describe sexual conduct. They often employ unusual words to describe sex organs, and the manner in which they function, and have lively imaginations which can color their testimony. Some are easily influenced by suggestions of parents and other adults. In Thomas v. State, (1958) 238 Ind. 658, 154 N.E.2d 503, a child molesting case, this Court stated:

"We know through common experience and psychology that a usual attribute of children is imagination and that they are easily susceptible to suggestion. Outside ideas adopted by them easily become realities and they honestly believe their imaginings to be true."

Whenever an alleged child victim takes the witness stand in such cases, the child's capacity to accurately describe a meeting with an adult which may involve touching, sexual stimulation, displays of affection and the like, is automatically in issue, whether or not there is an effort by the opponent of such witness to impeach on the basis of a lack of such capacity. The presence of that issue justifies the court in permitting some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone to exaggerate or fantasize about sexual matters. Such opinions will facilitate an original credibility assessment of the child by the trier of fact, so long as they do not take the direct form of "I believe the child's story", or "In my opinion the child is telling the truth". As we read the challenged testimony of the social worker in this case it did not take this direct form, and was thus properly permitted by the trial court to be heard by the jury.

The conviction is affirmed and oral argument denied.

GIVAN, C.J., and HUNTER, PRENTICE and PIVARNIK, JJ., concur.