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COA affirms 5 child molesting convictions

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The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.

David E. Lyons appealed his five convictions of Class A felony child molesting related to incidents with his niece in 2004 through 2006 when the girl was around 10 years old. In 2010, after developing a number of emotional problems, K.F. told nurses at a hospital that her uncle had been molesting her.

At Lyons’ jury trial in 2011, Dr. Judith Williams, a licensed clinical psychologist with extensive experience counseling child victims of sexual abuse, testified on behalf of the state. While she had counseled K.F. for a short period of time, her testimony was not specifically related to K.F.’s treatment and, instead, was about general characteristics, mannerisms, and behaviors common among child abuse victims.

Lyons only objected once to part of her testimony, so on appeal, he brought a fundamental error challenge. He claimed that his convictions should be reversed because Williams based her responses on speculation.

In David E. Lyons v. State of Indiana, 76A03-1112-CR-582, the judges found Lyons mistakenly contended that Williams’ testimony was “scientific testimony” and is governed by Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).  However, Williams’ testimony was actually “specialized knowledge,” under Ind. Evidence Rule 702(a), and any weakness or problems in the testimony only go to the weight of the testimony, not to its admissibility.

Williams’ testimony was about matters commonly observed in sexual abuse victims based on her own practice and in psychological literature. Lyons was free to cross-examine her regarding studies she cited, but did not, Judge John Baker wrote.

The judges also disagreed with Lyons’ assertion that the admission of Williams’ testimony violates the principles set forth in Steward v. State, 652 N.E.2d 490 (Ind. 1995). Admission of her testimony was not a fundamental error, and Lyons’ convictions and 150-year sentence is affirmed.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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