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Appeals court upholds rape conviction

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A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.

Corey Cole was convicted of rape for an assault in a car at a bar parking lot where the victim, J.S., had been placed by her bartender boyfriend, D.R., after she became intoxicated and passed out at the bar, according to court records.

D.R. and J.S.’s roommate checked on her periodically, but the last time the roommate checked, she witnessed a man exit the car and take off running. J.S. was passed out in a state of undress, witnesses said.

Police and a sex crimes investigator arrived and attempted to rouse J.S. but couldn’t. She didn’t wake until she was in an ambulance on the way to the hospital, where evidence was collected using a rape kit.

DNA analysis of fluids found on the victim identified Cole as a suspect. At trial Cole said he had intercourse with the victim but it was consensual. He was convicted and sentenced to 12 years in prison with six years suspended.

In his appeal, Cole said the Marion Superior Court committed fundamental error by allowing hearsay  evidence from witnesses regarding a beer bottle found in the parking lot with his fingerprints. Cole argued the court committed reversible error when it sustained a state objection to his attempt to refresh the victim’s memory with a nurse’s notes about how much the victim had  to drink.

Appeals court Judge Melissa May wrote in the unanimous opinion, Corey Cole v. State of Indiana, 49A02-1111-CR-1019, that “Cole invited some of the error, the uninvited statements were cumulative of other testimony, and they did not likely contribute to the decision regarding Cole’s guilt. Accordingly, we affirm.”

The court cited Meadows v. State, 785 N.E.2d 1112, 1122 (Ind. Ct.App. 2003), that holds that erroneous admission of evidence is not a reason for reversal if there is “substantial independent evidence of guilt so that there is no substantial likelihood that the challenged evidence contributed to the conviction.”

“The testimony about which Cole complains did not likely contribute to his conviction. Cole admitted he had sex with J.S. on the night in question, which places him at the scene of the crime regardless of whether his fingerprint was on a beer bottle and his DNA was on J.S. Therefore, based on Cole’s own testimony, we cannot say fundamental error occurred,” May wrote.

 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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