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Court of Appeals rejects typo argument in reversing a sentence for child molestation

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In a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.

Aaron Young was found guilty in October 2011 on two counts of Class A felony child molestation for abusing his daughter. The trial court then issued a supplemental sentencing order that classified Young as a credit restricted felon because the victim was under 12 years of age.  

Young appealed his conviction on the grounds that the state did not present sufficient evidence to prove he committed Class A felony child molestation and that the trial court erred when it found him to be a credit restricted felon.

In Aaron Young v. State of Indiana, No. 71A05-1111-CR-650, the COA affirmed the conviction, finding the victim’s testimony was not “incredibly dubious” and that the state did present evidence of sexual activity.

However, the court reversed the trial court’s determination that Young is a credit restricted felon and remanded for recalculation of his credit time.

The trial court referenced Count II in its supplemental sentencing order when it found the victim was under the age of 12 at the time the charged molestation occurred but, Young argued, Count II did not happen prior to his daughter’s 12th birthday. The state countered that the reference to Count II instead of Count I “was likely a scrivener’s error and otherwise harmless.”

Declining to categorize the reference to Count II as a “minor mistake,” the COA held the trial court erred when it decided Young was a credit restricted felon because the state did not present evidence that he committed any actions in Count II while the victim was younger than 12.


 

 

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  • Duh?
    This doesn't even make sense, we don't have any evidence but we are going to convict anyway! Par for the course in our whacked judicial system!

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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