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FOR PUBLICATION

ATTORNEY FOR APPELLANT: PETER D. TODD Elkhart, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANGELA N. SANCHEZ Deputy Attorney General Indianapolis, Indiana

FILED
Dec 17 2010, 10:35 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
THOMAS W. CONRAD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 20A03-1004-CR-188

APPEAL FROM THE ELKHART SUPERIOR COURT The Honorable Evan S. Roberts, Judge Cause No. 20D01-0707-FB-00019

December 17, 2010

OPINION - FOR PUBLICATION

BAILEY, Judge

Case Summary Thomas W. Conrad ("Conrad") appeals his conviction for criminal deviate conduct, as a Class B felony.1 We affirm. Issue Conrad presents a single issue for our review, which we restate as whether the trial court's ruling precluding Conrad from eliciting certain testimony pursuant to Indiana Rule of Evidence 412 deprived him of his right to confront his accuser under the Sixth Amendment to the United States Constitution and Article I, Section 13 of the Indiana Constitution. Facts and Procedural History On March 2, 2007, S.L.'s friend Adam Brown ("Brown") invited S.L. to a party at the home of his mother and stepfather, Tim Scott ("Scott"). S.L. arrived shortly before midnight, played pool, talked with her friends, and drank liquor to the point that she became, as she put it, "extremely intoxicated." (Tr. 588.) While S.L. was there, Conrad, a relative of Scott's brother, arrived at the party sometime between 1 and 2 a.m. on March 3, 2007. At some point after 2 a.m., S.L. fell asleep on a sectional sofa near the pool table. Still intoxicated, she awoke to find her pants pulled down to her knees, her underwear missing, and Conrad penetrating her vagina with his hand, and then with his tongue. S.L. was terrified, unable to call out for help, and passed out when Conrad stopped after Scott told him to put S.L.'s pants back on. S.L. filed a police report on March 5, 2007. On July 9, 2007, Conrad was charged

1

See Ind. Code

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