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Supreme Court reverses rape conviction

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The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.

Indiana Evidence Rule 404(b) prohibits the use of evidence of prior crimes "to prove the character of a person in order to show the action in conformity therewith" except in certain circumstances. The justices unanimously decided in Otho L. Lafayette v. State of Indiana, No. 45S03-0904-CR-812, that the trial court erred in admitting evidence of Otho Lafayette's prior attempted rape conviction and ordered a new trial.

Wickizer v. State, 626 N.E.2d 795 (Ind. 1993), determined the state was best served by a narrow construction of Evid. R. 404(b) and held that the intent exception is available when a defendant goes beyond merely denying the charges and alleges a particular contrary intent. The state then can offer evidence of prior crimes to prove intent at the time of the charged offense.

Lafayette never denied having sex with the woman, C.E., but claimed it was consensual.

Lafayette filed a pre-trial motion to prevent the admission of his prior conviction and the court took it under advisement. It then allowed the evidence after determining Lafayette placed his intent at issue when he attacked the credibility of his accuser on the issue of her consent and the court found it was relevant to determine whether he possessed the requisite intent to rape his victim.

Neither state appellate court has addressed the question of whether challenging the credibility of a prosecuting witness in a rape case on the issue of consent puts the defendant's intent at issue. But Indiana precedent dictates the use of the defense of consent in a rape prosecution isn't, standing alone, enough to trigger the availability of the intent exception, wrote Justice Frank Sullivan.

"When a defendant questions the credibility of the prosecuting witness, we believe that the defendant does no more than advance that consent defense," he wrote. "...If a defendant's intent were placed at issue by the questioning of the prosecuting witness's credibility, then the defendant is effectively precluded from exercising the right to confront a witness's credibility at all."

The Supreme Court also agreed with Indiana Court of Appeals Judge Terry Crone, who wrote the majority opinion for that court, that a defendant's assertions that an alleged rape victim consented to sex doesn't present a claim of particular contrary intent for purposes of triggering the intent exception to Evid. R. 404(b), wrote Justice Sullivan. The justices also agreed with Judge Crone that the prior attempted rape conviction wasn't admissible because it wasn't relevant to prove the victim consented to having sex with Lafayette.

The admission of this evidence wasn't a harmless error and requires Lafayette's conviction be reversed, the high court determined.

"Indeed, on review of the record, one is left with the unmistakable and forbidden impression that because the defendant was convicted of attempted rape in 1997, he must have raped C.E. in 2007," Justice Sullivan wrote.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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