Rape

Rape charge against Indiana man dismissed after DNA testing

May 11, 2017
 Associated Press
An Indiana man won't stand trial for a second time on rape and criminal deviate conduct charges filed a quarter-century ago.
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Indiana to conduct audit of untested sexual assault kits

April 21, 2017
 Associated Press
Indiana State Police plan to conduct an audit of untested sexual assault kits that may have lingered in evidence collection rooms across the state for years.
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Rolling Stone settles, but fight over rape story isn't over

April 12, 2017
 Associated Press
Rolling Stone magazine settled a University of Virginia administrator's lawsuit over its discredited story about a rape on campus, but its legal fights over the botched article aren't over.
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DNA tests show imprisoned Indiana man didn't commit '92 rape

March 2, 2017
 Associated Press
A central Indiana man who's spent nearly a quarter-century in prison is seeking to have his rape conviction vacated after DNA tests show he wasn't the assailant.
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Man's sentence challenge rejected by appellate court

February 15, 2017
Olivia Covington
In his third appeal before the Indiana Court of Appeals, a Marion County man’s sentence for rape, criminal deviate conduct and burglary have been affirmed after the appellate court found that a motion to correct sentence was not the appropriate remedy for his claim.
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Man's conviction for 1989 rape vacated

February 1, 2017
IL Staff
A Lake Superior Court has vacated the conviction and dismissed the charges against a Gary man who was wrongly punished for a 1989 rape and served his full sentence.
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Man wanted in '99 abduction, sex assault caught in Oregon

January 13, 2017
 Associated Press
A man wanted in the 1999 abduction and sexual assault of a 10-year-old girl in southern Indiana has been arrested in Oregon.
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UVa administrator urges judge to keep Rolling Stone verdict

December 28, 2016
 Associated Press
Attorneys for a University of Virginia administrator are urging a federal judge not to overturn a jury's verdict against Rolling Stone magazine for its botched story "A Rape on Campus."
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Man charged with killing woman wants rape charge dismissed

October 21, 2016
 Associated Press
Attorneys for a southern Indiana man accused of killing his former girlfriend and eating parts of her body have asked that a rape charge against him be dropped.
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COA finds victim credible, affirms rape, theft convictions

October 19, 2016
Olivia Covington
After entering a Marion County family’s home with a gun, raping the mother and robbing the family of valuable possessions, the man convicted in the case cannot have his multiple convictions overturned after the Indiana Court of Appeals decided Wednesday that the mother’s testimony was not incredibly dubious.
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Posey County man’s convictions for rape, confinement of woman affirmed

September 30, 2016
Jennifer Nelson
The past drug use of the woman who was held against her will for nearly two months and repeatedly raped was not relevant to the criminal trial of the man who abducted her, the Indiana Court of Appeals ruled Friday.
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Trial delayed for southern Indiana man accused of killing woman

August 12, 2016
 Associated Press
The trial of a southern Indiana man accused of killing his former girlfriend and eating some of her internal organs has been pushed back to June 2017.
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Trial delayed for Spencer man in girl's abduction, killing

August 8, 2016
 Associated Press
The trial of a southern Indiana man accused of abducting and killing a 1-year-old girl has been delayed.
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COA reduces rapist’s sentence by 10 years

July 26, 2016
Marilyn Odendahl
Although an offender was successful in asserting the trial court erred in merging his sentences and applying an enhancement, he failed to respond to the state’s arguments for remedy which provided just a 10-year reduction to his 90-year aggregate sentence.
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Judges uphold teen’s 40-year sentence for brutal attack on homeowner

July 15, 2016
Jennifer Nelson
A Grant County teen who participated in the rape of a homeowner during his burglary of her home deserves the 40-year sentence imposed in adult court, the Indiana Court of Appeals ruled Friday.
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COA upholds charges in robbery, assault case

May 10, 2016
The Indiana Court of Appeals upheld a man’s robbery, intimidation, rape, sexual assault and other convictions stemming from an October 2013 break-in after it found his convictions did not violate the single larceny and continuous crime doctrines.
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DNA result shielded from rape trial jury

April 20, 2016
Dave Stafford
A man convicted of rape wasn’t permitted at his trial to introduce DNA evidence collected from the victim when she sought medical attention. The DNA was from another man who also was at the party attended by several other people who testified the crime took place.
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Judge seals records in case of 1-year-old’s murder

April 8, 2016
 Associated Press
A judge in Spencer presiding over the case of a man accused of abducting and killing a 1-year-old girl has ordered certain records sealed.
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Murder charge filed against man in Indiana toddler's death

March 29, 2016
 Associated Press
An Indiana man drank whiskey with the uncle of a 1-year-old girl and then waited until the family fell asleep before abducting, raping and killing the toddler, prosecutors said Monday in court documents.
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COA trims man’s robbery, sex offense sentence from 248 to 218 years

March 24, 2016
Dave Stafford
An Indianapolis man who was one of five accomplices who robbed a house and sexually assaulted victims inside during a two-hour rampage will likely spend the rest of his life behind bars, but the Indiana Court of Appeals ruled Thursday he had been subjected to double jeopardy and trimmed 30 years off his sentence.
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Authorities: Man arrested in 1990 attempted rape dies

February 8, 2016
 Associated Press
Authorities say a man who was arrested last month in a 1990 attempted rape case in central Indiana has died after leading law enforcement on a chase.
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Justices agree: No mistrial because of juror’s Facebook friend

January 21, 2016
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case to affirm the Court of Appeals decision denying a mistrial for a man who argued a juror’s being “friends” with the victim’s relative on Facebook required the mistrial.
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DNA evidence properly excluded in rape trial

December 4, 2015
Jennifer Nelson
A trial court was correct in not allowing evidence in a rape trial that DNA of an unknown male was collected from the victim two days after the incident, the Indiana Court of Appeals affirmed.
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Legislative panel endorses denying rapists parental rights

November 2, 2015
 Associated Press
Some Indiana legislators are backing a change in state law aimed at denying parental rights to rapists if the assault results in a pregnancy.
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State performed due diligence charging man in 25-year-old attack

October 8, 2015
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals held that state employees met the due diligence requirement of I.C. 35-41-4-2 regarding the statute of limitations in charging a man in 2013 for an attack on a 10-year-old girl in 1988.
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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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