Jimmy Modesitt v. State Indiana

Defendant-Appellant Modesitt seeks transfer from the Court of Appeals memorandum decision affirming his convictions by jury in the Clay Superior Court on three felony counts of child molesting and one felony count of criminal deviate conduct. The thrust of Modesitts petition to transfer is that the Court of Appeals memorandum decision contravenes ruling precedent of this Court as expressed in Patterson v. State (1975), Ind., 263 Ind. 55, 324 N.E.2d 482, and its progeny or, in the alternative, that such memorandum decision followed ruling precedent as set forth in Patterson and the subsequent cases but the rule enunciated in Patterson is in need of modification. We accept transfer for both reasons and, in so doing, vacate the memorandum decision of the Court of Appeals, reverse Modesitts convictions, and remand this case for a new trial.