the past sexual conduct of a victim or witness may not be admitted, except: (1) evidence of the victim’s or of a witness’s past sexual conduct with the defendant; (2) evidence which shows that some person other than the defendant committed the act upon which the prosecution is founded; (3) evidence that the victim's pregnancy at the time of trial was not caused by the defendant; or (4) evidence of conviction for a crime to impeach under Rule 609. 6 .The State argues that Oatts waived review of the trial court’s exclusion of this evidence because he did not file a motion proposing to offer this evidence pursuant to Ind. Evidence Rule 412(b)(1). We acknowledge a split on this court regarding whether Oatts waived this issue. Contrast Sallee v. State, 785 N.E.2d 645, 651 (Ind.Ct.App.2003) (<HOLDING>), trans. denied; and Graham v. State, 736
holding that the defendants failure to comply with ind evidence rule 412b precluded her from presenting evidence of the victims past sexual history and resulted in waiver of the issue on appeal holding that failure to raise issue in brief constitutes waiver of appeal of the issue holding that the defendants failure to comply with the procedural mandate of ind evidence rule 412b was fatal to his attempt to introduce evidence of prior false rape allegations holding that plaintiffs failure to object to the improper comments of defendant during closing arguments resulted in waiver of plaintiffs right to argue the issue on appeal because the trial court was not given an opportunity to rule on the issue holding that defendants failure to appeal the voluntariness of a plea constitutes waiver of the issue on subsequent appeal