ILNews

Judges disagree on proof-of-age issue

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT