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COA reverses guilty plea to Class A felony child molesting

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Because a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.

In James R. Johnson v. State of Indiana, No. 44A04-1105-PC-264, James Johnson was charged with Class A felony child molesting for allegedly using his tongue to touch the vagina of a girl under the age of 14. At his guilty plea hearing, Johnson said he would plead guilty to the charge, but he denied touching her with his tongue. He claimed he only used his hand, which would have been a Class C felony.

The trial court accepted his guilty plea, found him to be a habitual offender, and sentenced him to 30 years for child molesting and a 30-year enhancement for his habitual-offender status.

The Court of Appeals reversed, pointing out that caselaw has insisted that a factual basis must exist for a guilty plea and a judge may not accept a guilty plea while a defendant claims actual innocence. During the hearing, Johnson consistently maintained his innocence to Class A felony child molesting. Although he did admit to Class C felony child molesting for touching the child’s vagina with his hand, the trial court accepted the guilty plea and entered a judgment of conviction for a Class A felony.

The trial court may accept Johnson’s guilty plea to the Class C felony or set the matter for trial on the Class A felony, the appellate 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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