Jerry Kindred v. State of Indiana - 8/21/12

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Tuesday  August 21, 2012 
11:00 AM  EST

11 a.m. 28A01-1202-PC-50. In 2010, Jerry L. Kindred was convicted of Class C felony child molesting and sentenced to 35 years in prison. Kindred filed an appeal, but later sought a stay of that appeal to pursue post-conviction relief on grounds of ineffective assistance of counsel and prosecutorial misconduct. Kindred now appeals the denial of his request for post-conviction relief and reinstates his direct appeal utilizing the Davis-Hatton procedure. Kindred contends that the post-conviction court erred in finding: no ineffective assistance of counsel at Kindred’s trial for child molesting and no prosecutorial misconduct that amounted to fundamental error. For his direct appeal claims, Kindred argues that the trial court abused its discretion by: admitting hearsay evidence; admitting opinion/vouching testimony; and admitting an un-redacted audio tape of Kindred’s interview with investigators with an accompanying transcript. Kindred also argues on direct appeal that the prosecutor engaged in misconduct that amounted to fundamental error.

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