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Attempted child molestation conviction does not lead to credit restricted status

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The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.

Danny Boling was convicted of Class A felony attempted child molesting and Class C felony child molesting for touching his five-year-old daughter over and under her underwear and putting her hand on his bare private. He was sentenced to 45 years, and Elkhart Superior Judge George Biddlecome found Boling was a credit restricted felon pursuant to Indiana Code 35-31.5-2-72(1).

Boling challenged his attempted child molesting conviction, sentence and credit restricted felon status. The judges found the state proved that Boling knowingly attempted to commit child molesting and engaged in an overt act constituting a substantial step toward that crime when he touched his daughter’s private parts first over her underwear, then directly on her skin.

“The natural and usual sequence to which such conduct reasonably points is that Boling had taken a substantial step toward inserting his finger or fingers into K.B.’s vagina. A reasonable jury could find based upon this testimony that Boling had attempted to commit deviate sexual conduct,” Chief Judge Margret Robb wrote in Danny Boling v. State of Indiana, 20A04-1205-CR-237.

The trial court relied on the Class A felony conviction to rule Boling is a credit restricted felon, but attempted child molesting involving deviate sexual conduct is not listed as a qualifying offense nor is the attempt statute cited. The judges reversed and remanded for the trial court to correct Boling’s records to remove the credit restricted felon designation.

Finally, the judges upheld his 45-year sentence, citing he was in a position of trust and tried to have the child place the blame on her brother.

 

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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