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Appeals court affirms molestation conviction

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A child molestation conviction will stand after the Indiana Court of Appeals on Monday rejected a defendant’s arguments that the conviction should be reversed because of a prosecutor’s references to the defendant's failure to testify and that the evidence was insufficient.

The court affirmed Dennis Feyka’s Class A felony child molestation conviction for molesting a 10-year-old girl during a sleepover his daughter was hosting.

Feyka argued the prosecutor’s comments during closing argument were fundamental error.

“We cannot say the references to Feyka’s failure to testify were fundamental error,” Judge Melissa May wrote for the unanimous panel.

Feyka also raised inconsistencies in the victim’s testimony, including evidence that the victim told an investigator that she didn’t know whether the incident was real or a dream. She testified at trial that she knew it was real.

The victim’s “testimony provided ample evidence to support Feyka’s conviction,” May wrote. “The uncorroborated testimony of the victim, even if the victim is a minor, is sufficient to sustain a conviction of child molesting, Morrison v. State, 462 N.E.2d 78, 79 (Ind. 1984), and it is within the province of the trier of fact to reject evidence to the contrary. See, e.g., Bennett v. State, 409 N.E.2d 1189, 1191 (Ind. Ct. App. 1980) (conflict between the State’s case and a defendant’s alibi is a matter to be resolved by the jury, whose decision will not be overturned on appeal if there is substantial evidence of probative value in the record to support it).”

“We must decline Feyka’s invitation to invade the province of the jury by reweighing the evidence and reassessing witness credibility,” May wrote.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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