Indiana Court of Appeals April 18, 1994, 70A01-9306-CR-195 (Biberstine v. State)

BAKER, Judge.

Today, we decide whether the erroneous admission of sexually explicit evidence constitutes fundamental error or ineffective assistance of counsel. Appellant-defendant John Biberstine seeks a new trial based upon the erroneous admission of a sexually explicit magazine and related testimony during his jury trial for Child Seduction,

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a Class D felony, three counts of Child Molesting,