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COA: No fundamental error in admitting testimony

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The Indiana Court of Appeals upheld a man’s two convictions of sexual misconduct with a minor after finding that there was no fundamental error in the admittance of certain testimony at his trial.

In Jeremiah D. Wilkes v. State of Indiana, 32A01-1303-CR-120, Jeremiah Wilkes appealed his conviction of two Class B felonies stemming from an incident in which he performed oral sex on a 14-year-old boy and had the teen touch Wilkes’ penis. Wilkes argued that testimony from several people about what victim W.V. told people should not have been admitted at his trial.

Because he didn’t object during the trial, the Court of Appeals evaluated its admission to see if it amounted to a fundamental error. It did not, the judges held, because W.V. testified first and the hearsay testimony was merely cumulative of what he said.

The judges did find that some statements by Detective Terry Judy amounted to indirect vouching that is not allowed under Hoglund v. State, 962 N.E.2d 1230, 1237 (Ind. 2012). But in light of all the other testimony, Judy’s statements were harmless error, Judge Melissa May wrote.

The appeals court disagreed that these errors, taken together, cumulatively, constituted a fundamental error. Wilkes had argued that W.V. incorrectly said Wilkes was uncircumcised. But a picture drawn by W.V. and his explanation cleared up why he believed Wilkes was uncircumcised, the court held.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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