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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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