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Nicknames properly admitted in sex with minor convictions

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Nicknames and aliases a defendant used were relevant to the charges he faced, the Court of Appeals ruled Tuesday in affirming felony convictions of sexual misconduct with a minor.

In Audie Wilson v. State of Indiana, 49A02-1210-CR-846, the panel affirmed convictions of Class B felony and Class C felony counts of sexual misconduct with a minor and Class B felony attempted sexual misconduct with a minor.

The court rejected appellate arguments that nicknames or aliases used by Wilson were improperly admitted. Wilson was convicted of acts against a 15-year-old boy who he had previously picked up in his van and paid small sums to help him wash cars.

"Wilson testified during direct examination as to his use of the nickname 'Mike,' thus opening the door to questioning during cross-examination as to his use of other nicknames. Further, none of the nicknames explored by the State carry any implication of wrongdoing,” Judge Mark Bailey wrote for the panel. “Therefore, the use of nicknames here does not create a connotation of criminality sufficient to thwart the fairness of a trial.”
 
Likewise, the panel rejected Wilson’s claim that the jury was improperly instructed with regard to Wilson’s defense that he had a reasonable belief that the victim was older than 16. The record showed that Wilson had knowledge that the victim was 15, Bailey wrote, so an instruction given the jury regarding the defense was not fundamental error.


 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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