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Panel affirms molesting conviction, rejects vouching, competency challenges

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A man’s conviction of Class A and Class C felony child molesting was affirmed by the Indiana Court of Appeals Monday as judges rejected challenges of the victim’s competency to testify and whether the court allowed vouching testimony by multiple witnesses.

In Jeffrey Archer v. State of Indiana, the court rejected those appellate arguments and others in upholding a conviction and 25-year sentence.

“The trial court did not make an impermissible vouching statement when it indicated (the victim) was competent to testify. Nor were statements made by (three witnesses) impermissible vouching statements,” Judge Melissa May wrote for the panel that also included judges John Baker and Paul Mathias.

“The trial court did not abuse its discretion when it declined to admit (the victim’s) post-allegation counseling records because the records were hearsay within hearsay. Final Instruction 6 did not prejudice Archer, and the State presented sufficient evidence he committed Class A felony child molesting and Class C felony child molesting. Finally, Archer has not demonstrated his defense counsel was ineffective. Accordingly, we affirm.”

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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