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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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