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Court rules on appellate counsel issue in child molesting case

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A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second highest appellate court has ruled.

In an eight-page decision today in Fred Giddings v. State of Indiana, No. 40A01-0909-PC-455, the intermediate appellate panel explored a post-conviction petition on a Jennings County child molesting case, in which the appellate court on direct appeal in 2001 affirmed five convictions resulting in a 90-year sentence. Following that, Giddings alleged that he had received ineffective assistance of appellate counsel because that attorney hadn’t challenged one of the felony child molesting convictions on the grounds of a potentially non-unanimous verdict.

Despite the fact that the trial counsel hadn’t raised an objection to that issue and the appellate counsel couldn’t be held at fault for what the other lawyer didn’t do, the Court of Appeals found the direct appeal counsel wasn’t ineffective. Fred Giddings had argued that his appellate lawyer wasn’t effective based on Castillo v. State, 734 N. E.2d 299 (Ind. Ct. App. 2000), which relied on a U.S. Supreme Court decision in 1999 as sole authority. That federal ruling in Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999), held that state courts have sometimes permitted jury disagreement in cases involving sexual crimes against a minor, and that those crimes can involve “special difficulties of proving individual underlying criminal acts.”

“These ‘special difficulties’ do not disappear at the time the jury determines what the State has proven; indeed the Richardson court recognized the special difficulties of proving individual criminal acts,” Senior Judge Betty Barteau wrote for the unanimous panel, which included a concurrence in result from Judge Michael Barnes. “We hold that Castillo is not applicable in child molest cases, and appellate counsel was not ineffective for not raising the case and the issue of unanimous verdicts.”
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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