child molesting
Class A felony sentences not inappropriate under Appellate Rule 7(B)
May 17, 2013
Marilyn OdendahlTwo convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were
not inappropriate under Appellate Rule 7(B).
MoreFather’s testimony at molestation trial not fundamental error
May 14, 2013
Jennifer NelsonThe Indiana Court of Appeals upheld a Lake County man’s conviction of Class C felony child molesting, rejecting the
defendant’s claims that some of the victim’s father’s testimony at trial resulted in fundamental error.
MoreEntering a guilty plea is not a mitigating factor, COA rules
May 7, 2013
Marilyn OdendahlAlthough a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did
not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its
discretion when sentencing him.
MoreJustices order new molestation trial after nurse’s statements admitted improperly
May 2, 2013
Jennifer NelsonRuling that statements two 6-year-olds made regarding alleged molestation to a nurse should not have been admitted under the
hearsay exception in Ind. Rule of Evidence 803(4), the Indiana Supreme Court reversed two child molesting convictions and
ordered a new trial.
MoreJudges dismiss state’s appeal regarding juvenile delinquency petition
March 20, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Wednesday that the state has no statutory right to appeal a juvenile court’s decision
to rescind an order approving the filing of a delinquency petition against a teen accused of molesting two children.
MoreIndy archdiocese can’t collect sex-abuse legal fees from insurer
March 11, 2013
Dave StaffordAn insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated
with defending claims of sexual abuse.
MoreMajority sides with hotel in lawsuit stemming from molestation
March 6, 2013
Jennifer NelsonA divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s
insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
MoreMan’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld
February 28, 2013
Jennifer NelsonAfter pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana
Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.
MoreCOA instructs trial court to vacate 2 convictions of child molestation
February 26, 2013
Marilyn OdendahlThe Indiana Court of Appeals threw out two charges and sent a case back to the trial court after the state admitted that it
did not intend to charge the defendant with four separate acts of child molestation.
MoreCOA reverses former principal’s conviction for failing to immediately report student’s alleged rape
January 30, 2013
Jennifer NelsonA split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s
Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
MoreAttempted child molestation conviction does not lead to credit restricted status
January 24, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following
his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses
that qualify under the credit restricted felon statute.
MoreMan’s child molesting conviction upheld
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that
Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
MoreJustices reinstate 80-year sentence
December 19, 2012
Jennifer NelsonDisagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana
Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s
two young daughters.
MoreFailure to report abuse charges to proceed against athletic director
December 10, 2012
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of LaPorte Community School Corp.’s athletic director Edward Gilliland’s
attempt to dismiss two counts of misdemeanor failure to report child abuse filed against him. The charges stem from the conduct
of LaPorte High School’s junior volleyball coach Robert Ashcraft.
MoreLegislature intended to make failure to report child abuse a continuing offense
November 16, 2012
Marilyn OdendahlA high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does
not apply, the Indiana Court of Appeals ruled.
More7th Circuit: Child porn victims must prove defendant shared images to receive monetary damages
November 15, 2012
Dave StaffordTwo victims who received restitution judgments of $3.367 million and $965,827 must prove the defendant convicted of multiple
federal child pornography counts uploaded images of them.
MoreCOA finds plea agreement was not circumvented by admission of uncharged conduct at sentencing
November 14, 2012
Marilyn OdendahlA convicted child molester’s argument that the trial court abused its discretion by admitting during sentencing the
testimony of two other alleged victims was rejected by the Indiana Court of Appeals. The court described the appellant’s
contention as “pure conjecture supported by nothing in the record.”
MoreTerm of imprisonment reduced by half after COA rules sentence does not fit the crime
October 23, 2012
Marilyn OdendahlA man who pleaded guilty to child molesting had his sentence halved by the Indiana Court of Appeals on the grounds that the
sentence imposed by the trial court was an outlier.
MoreCOA affirms 5 child molesting convictions
October 11, 2012
Jennifer NelsonThe admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County
was not a fundamental error, the Indiana Court of Appeals held Thursday.
MoreCOA split over whether DCS has authority to interview sibling
October 10, 2012
Jennifer NelsonAn Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department
of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same
home as a child who has claimed abuse by a resident family member.
MoreMan convicted of molestation was denied fair trial
September 12, 2012
Jennifer NelsonA Greene County man convicted of Class A felony child molesting is entitled to a new trial because extensive hearsay and vouching
testimony was admitted in error, the Court of Appeals held Wednesday.
MoreCourt of Appeals rejects typo argument in reversing a sentence for child molestation
September 11, 2012
Marilyn OdendahlIn a split ruling, the Indiana Court of Appeals upheld a South Bend man’s conviction of child molestation but rejected
the state’s claim that wording on a supplemental sentencing order was a scrivener’s error.
MoreCase arising out of molestation not reported by DCS divides court
August 30, 2012
Jennifer NelsonA lawsuit brought by parents against the Department of Child Services and Evansville Police Department for not informing them
of their daughter’s molestation led each judge on the Court of Appeals panel to write his or her own opinion. The only
thing the judges agreed on is that the police department is not a proper party to the case.
MoreCourt of Appeals finds 2006 statute does apply to 2001 violation
August 28, 2012
Marilyn OdendahlThe Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision
to convict him of committing a sex offender residency offense.
MoreFather’s confession shouldn’t have been admitted at trial
August 22, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his
confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.