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COA adopts 'compromise approach' of theory

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The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim. The appellate court also examined the "sexual innocence inference theory" and adopted the compromise view of some courts when balancing a defendant's Sixth Amendment rights with the policy behind the Rape Shield Rule.

Arthur Oatts challenged his conviction of child molesting against his granddaughter in Arthur Oatts v. State of Indiana, No. 49A02-0805-CV-447. Oatts claimed the trial court abused its discretion by excluding evidence his granddaughter had previously seen an allegedly pornographic video and previously had been molested; and the court erred by responding to jury questions during deliberations after the jury indicated it arrived at a decision.

The Indiana Court of Appeals determined based on caselaw and a previous Indiana Supreme Court holding that under Indiana Evidence Rule 412, the state's Rape Shield Rule, the trial court didn't err by not allowing evidence Oatts' granddaughter had seen a pornographic tape and had been previously molested.

In order to determine whether Oatts' constitutional rights were violated because the exclusion of the evidence didn't allow him to cross examine a witness. The state's high court has held Indiana's Rape Shield Statute doesn't violate the Sixth Amendment right to confrontation absent a showing of actual impingement on cross examination. Oatts believed the excluded evidence was relevant to show his granddaughter had knowledge of the nature of sex acts and the investigative process, a theory the Court of Appeals referred to as the sexual innocence inference theory.

Courts across the country are split in their approach to the theory, but the Indiana appellate court adopted the compromise view courts in Arizona and Wisconsin have followed. The compromise view might grant the accused a right to introduce evidence of the victim's sexual contact with a third party if the conduct in question was not only unusual but strikingly similar to the alleged misconduct with the accused, wrote Judge Elaine Brown. This view places the burden on Oatts to show the prior sexual act happened and it was sufficiently similar to the present act to give his granddaughter knowledge to imagine the molestation charge. But Oatts failed to prove that, so the appellate court can't say his constitutional rights were violated, wrote the judge.

The Indiana Court of Appeals also found the trial court didn't abuse its discretion by responding to jury questions. The appellate court can't say the trial court's answer to the jury's question emphasized any particular instruction or that Oatts was prejudiced by the answer.

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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