Testing 123 Link


Testing 123 Link


Old Vanderburgh County Courthouse, Randall T. Shepard Courtroom

This is a traveling oral argument that takes place at 10:30 AM Central/11:30 a.m. Eastern Time. 

In this interlocutory appeal, James D. Frye, who was charged with Level 3 felony rape, argues the trial court erred when it issued an order for the protection of Alleged Victim (“AV”) after Frye filed notice of his intention to take a deposition of AV.  Frye contends Indiana Code section 35-37-4-3, Trial Rule 26(b), and Evidence Rule 412(a) and 412(b)(1) permit him to ask AV questions about her sexual history with him because consent was an issue in the case and he intended to investigate AV’s advanced consent to the sexual activity.  The State argues the trial court did not err when it issued an order for AV's protection because advanced consent, which has been rejected in rape cases in other jurisdictions, is not a cognizable defense in Indiana.  The State also contends any questioning regarding AV's sexual history with Frye would be inadmissible and there were less burdensome ways to investigate his defense.

The scheduled panelists are Judge May, Judge Brown, and Senior Judge Shepard. 

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  • Elisha Losiniecki

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