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Nicknames properly admitted in sex with minor convictions

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Nicknames and aliases a defendant used were relevant to the charges he faced, the Court of Appeals ruled Tuesday in affirming felony convictions of sexual misconduct with a minor.

In Audie Wilson v. State of Indiana, 49A02-1210-CR-846, the panel affirmed convictions of Class B felony and Class C felony counts of sexual misconduct with a minor and Class B felony attempted sexual misconduct with a minor.

The court rejected appellate arguments that nicknames or aliases used by Wilson were improperly admitted. Wilson was convicted of acts against a 15-year-old boy who he had previously picked up in his van and paid small sums to help him wash cars.

"Wilson testified during direct examination as to his use of the nickname 'Mike,' thus opening the door to questioning during cross-examination as to his use of other nicknames. Further, none of the nicknames explored by the State carry any implication of wrongdoing,” Judge Mark Bailey wrote for the panel. “Therefore, the use of nicknames here does not create a connotation of criminality sufficient to thwart the fairness of a trial.”
 
Likewise, the panel rejected Wilson’s claim that the jury was improperly instructed with regard to Wilson’s defense that he had a reasonable belief that the victim was older than 16. The record showed that Wilson had knowledge that the victim was 15, Bailey wrote, so an instruction given the jury regarding the defense was not fundamental error.


 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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