COA instructs trial court to vacate 2 convictions of child molestation

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The Indiana Court of Appeals threw out two charges and sent a case back to the trial court after the state admitted that it did not intend to charge the defendant with four separate acts of child molestation.

Dennis Ray Smith was charged and convicted of two counts of Class A felony child molesting by sexual intercourse and two counts of Class A felony child molesting by sexual deviate conduct.

During a recorded interview with an Evansville police detective, Smith told the officer he had inappropriately touched his stepdaughter when she was 5 years old.

In Dennis Ray Smith v. State of Indiana, 82A01-1204-CR-175, Smith appealed his conviction on the grounds that his recorded statement to police should not have been admitted into evidence at trial because it was obtained in violation of his Fifth Amendment rights. He also argued that two of his convictions should be vacated because they violate Indiana’s prohibition against double jeopardy.

The COA affirmed in part, reversed in part and remanded with instructions.

The Court of Appeals affirmed the lower court’s ruling to admit the recorded statement into evidence during the trial. It found Smith made the statement voluntarily and did not make an unequivocal request for an attorney.

However, the COA disagreed with the state that Smith waived any claim about the recorded statement because he failed to make a contemporaneous objection at trial. The court found that while the defense counsel raising his objection during a bench conference was not typical, it was sufficient to alert the trial court that the defense was objecting and why.

Also, the COA remanded with instructions to vacate the two counts of Class A felony child molesting by sexual deviate conduct. The state conceded it did not intend to charge Smith with four separate acts of child molestation, saying it was pleading in the alternative when it charged Smith with two counts of engaging in sexual intercourse with a minor and with two courts of child molesting by sexual deviate conduct.




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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.