Andy A. Shinnock, Appellant (Defendant below),
State of Indiana, Appellee (Plaintiff below).
from the Delaware Circuit Court, No. 18C02-1508-F6-117 The
Honorable Kimberly S. Dowling, Judge
Petition to Transfer from the Indiana Court of Appeals, No.
Attorney for Appellant Jack Quirk Muncie, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana J.T. Whitehead Deputy Attorney General
appealed his bestiality conviction arguing that the State
failed to establish the corpus delicti of the
offense, rendering evidence of his confessions inadmissible.
Finding that the State presented independent evidence that
provided an inference that Defendant committed bestiality, we
hold that defendant's confessions were admissible.
Accordingly, we affirm the trial court.
and Procedural History
August 2015, Paul Moore and Andy Shinnock were roommates in
Muncie, Indiana. Moore's two dogs, a female pit bull
named Baby Girl and a male Labrador Retriever mix named
Cosmo, lived with them. One morning, Moore returned home from
work, and neither of his dogs were waiting to greet him at
the door like they usually did. Moore called for them. Cosmo
eventually came to him, but Baby Girl did not. Moore noticed
the apartment was messy. That is, there was dog feces all
over the floor and dog food scattered about. This was also
unusual. Moore opened the door to Shinnock's room. Baby
Girl came out and ran underneath the couch.
observed Shinnock in his room, wearing his boxer shorts and
with an erection. When Moore asked Shinnock why his dog was
locked inside of Shinnock's bedroom, Shinnock admitted to
Moore that he tried to have sexual contact with the dog.
Moore called police. When police arrived and asked for
Shinnock's version of events, Shinnock admitted he had
sex with Moore's dog.
bench trial and over Shinnock's objection, the trial
court admitted evidence of Shinnock's statements to both
Moore and the police. The trial court found Shinnock guilty
(but mentally ill) of Bestiality, a Level 6 Felony. Shinnock
appealed, arguing the trial court abused its discretion when
it admitted evidence of his admissions of guilt, in violation
of the corpus delicti rule.
published opinion, the Court of Appeals reversed
Shinnock's conviction holding that the State was required
to prove penetration of the dog's sex organ by a male sex
organ before it could admit Shinnock's statement into
evidence. The State seeks transfer, which we now grant,
vacating the Court of Appeals opinion. Ind.App. Rule 58(A).
trial court is afforded wide discretion in ruling on the
admissibility of evidence. Nicholson v. State, 963
N.E.2d 1096, 1099 (Ind. 2012). On appeal, evidentiary
decisions are reviewed for abuse of discretion and are
reversed only when the decision ...