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Judges disagree on proof-of-age issue

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Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.

In Jamison C. Hudson v. State of Indiana, No. 82A04-0806-CR-355, Jamison Hudson appealed his convictions of Class A felony child molesting and Class C felony child molesting. Hudson was charged with three different specific acts of molesting his stepdaughter H.K. The trial court denied his motion in limine to exclude any evidence of sexual contact between the two for which he hadn't been charged.

In his appeal, Hudson challenged whether the state proved beyond a reasonable doubt he was at least 21 years old when he committed the child molesting, which is required to be convicted of Class A child molesting; and whether the court committed reversible error when it admitted evidence of his alleged other acts of child molesting for which he wasn't charged.

Citing Stanton v. State, 853 N.E.2d. 470, 474 (Ind. 2006), Judges Patricia Riley and Nancy Vaidik found the state failed to present sufficient evidence to sustain Hudson's conviction for Class A felony child molesting. The state failed to ask Hudson his birth date or ask specific questions of him as he testified to prove his age when he committed the crimes, wrote Judge Riley. The trial court relied on circumstantial evidence to convict him.

The facts in this case support a conviction for Class B felony child molesting, so the majority remanded to the trial court to enter his conviction as a Class B felony and sentence him accordingly.

Judge Carr Darden dissented in a separate opinion, writing the state could have avoided this current dilemma simply by asking Hudson's age when questioning him or his ex-wife. Judge Darden also wrote the court presumes a jury follows the instructions of the trial court, which would have told the jury that to convict Hudson of Class A felony child molesting, he would have to be at least 21 at the time of the act.

The judges unanimously affirmed the admission of H.K.'s testimony about a game she and Hudson would play that involved her touching his penis was a harmless error. Even though the trial court abused its discretion when it admitted evidence of Hudson's uncharged acts of child molesting, the court wrote the probable impact of the evidence on the jury in light of other evidence, was minor and harmless.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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