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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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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