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Man’s child molesting conviction upheld

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The 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.

Malloch was accused of fondling C.P.’s breast and inserting a finger in her vagina in 2003 and 2004, which he claimed happened when he was sleeping and sharing a bed with the girl. The molestation allegations did not come to light until nearly five years later. Malloch was questioned by DeKalb County Sheriff’s detective Donald Lauer. The two interviews were videotaped. During the second interview, Malloch admitted to touching the girl’s vagina while he was awake and wrote an apology letter to C.P.

Malloch was originally charged with two counts of child molesting, but one was dismissed for statute of limitations. After a mistrial at his first trial, Malloch was convicted of the Class A felony in September 2011.

Malloch raised five issues on appeal, including whether the trial court abused its discretion in denying his motion for a continuance made three days before his second trial;  whether the court erred by admitting Malloch’s statements in the recorded interviews, in which he ultimately confessed; and whether the state committed prosecutorial misconduct amounting to fundamental error.

After his mistrial, Malloch wanted to call a doctor as a sleep expert who had treated Malloch, but the doctor would not be able to testify at the trial. The trial court denied the continuance. The record here is devoid of any indication that the doctor ever intended to appear and Malloch made no record as to when the doctor would be able to testify.

The judges found no abuse of discretion in admitting Malloch’s statements. He never unambiguously and unequivocally invocated the right to counsel and his statements in both interviews were voluntary.

The appellate court found the state did not predispose the jury against him and that the state’s improper impeachment of Malloch’s wife and C.P.’s mother did not place Malloch in grave peril.

“We have concluded, however, that at most, only two isolated, brief remarks during closing argument constituted prosecutorial misconduct. These instances must be viewed in light of the evidence at trial, which included C.P.’s testimony and Malloch’s confession. The jury was able to view the interactions between Malloch and Detective Lauer during both interviews and could thus evaluate the voluntariness of Malloch’s confession against his claim of coercion and sexsomnia. Although Malloch did not receive a perfect trial, we are confident that he received a fair trial,” Senior Judge John Sharpnack wrote in Steven E. Malloch v. State of Indiana, 17A03-1201-CR-37.

 

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  • Prosecutor immunity
    This is just one more example how the law and the courts favor prosecutors. There were only two incidents of prosecutorial conduct, brief remarks were made in closing arguments. Remarks no matter how brief can sway a jury to find a defendant guilty, when abscence of the remarks might have induced a not guilty verdict. Remarks like the ones in question are not made accidentally, they are made intentionally because we all know that the jury does not disregard remarks just because the judge says to. The prosecution knows this only too well! Please google the Infallible Prosecutor and you will have a different opinion of justice!

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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