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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 just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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