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Appellate court orders new trial in child molesting case

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A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.

In Bradley Bradford v. State of Indiana, No. 59A01-1104-CR-215, Bradley Bradford had been convicted of molesting his niece in a hotel room where he, his then-wife and other children were staying during a family vacation. Bradford’s niece, A.T., reported the incident to her mother upon returning home to Marion, Ind. After an investigation by the police and the Department of Child Services, Bradford was arrested on the molestation charge.

At trial, the DCS caseworker who interviewed A.T. testified that the abuse allegation was substantiated. Bradford objected, arguing that the caseworker’s testimony violated Indiana Evidence Rule 704(b), which states: “[w]itnesses may not testify to opinions concerning intent, guilt, or innocence in a criminal case; the truth or falsity of allegations; whether a witness has testified truthfully; or legal conclusions.”

The COA agreed, holding that admission of that testimony likely had a prejudicial impact on the jury. It reversed Bradford’s conviction and remanded for retrial.

 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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