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Despite objections, molester can’t appeal prior physical abuse testimony

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Objections made to a line of questioning at a man’s child molestation trial that he had previously assaulted the victim and the victim’s mother didn’t properly preserve the issue, a Court of Appeals panel ruled Friday in affirming his conviction.

In John Everitt Dickey v. State of Indiana, 10A01-1212-CR-587, the appellate panel affirmed John Everitt Dickey’s two Class A felony convictions and a 45-year sentence imposed after a Clark Circuit jury found him guilty.  

Before the trial, Dickey filed a motion in limine seeking to block evidence of prior bad acts. His counsel also twice objected to a line of questioning about when his relationship with the victim’s mother began to change.

But Judge Paul Mathias wrote for the panel that Dickey didn’t object later to questions about the abuse, and his counsel didn’t request a continuing objection.

A footnote to the six-page opinion notes a coming rule change  that might have resulted in a different outcome.

“We note that our Supreme Court has amended Indiana Evidence Rule 103(b), effective January 1, 2014, to provide: ‘Once the court rules definitively on the record at trial a party need not renew an objection or offer of proof to preserve a claim of error for appeal.’ ... As this rule amendment was not in effect at the time of Dickey’s trial, it is inapplicable to the present case,” Mathias wrote for the panel that also included Judges Edward Najam and Elaine Brown.  
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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