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COA re-enters molestation conviction, rejects evidence challenge

December 31, 2015

A trial court erred in vacating one of two convictions of Class A felony child molesting at a Dearborn County man’s sentencing, the Court of Appeals ruled Thursday. The panel also rejected the offender’s claim evidence should not have been admitted.

The panel reversed the trial court’s vacation of a second Class A felony molesting conviction tendered by a jury in Kyle W. Dilts’ trial and remanded for resentencing. Dilts was sentenced to 36 years in prison.

Judge Rudolph R. Pyle III wrote for the panel it appeared the trial court based its decision on double-jeopardy grounds or the continuing crime doctrine, neither of which applied in Dilts’ case.

Dilts appealed on the grounds that the trial court abused its discretion by admitting evidence of his suicidal ideation after the victim’s allegations and by admitting a videotaped interview with the child.

“This case is a reminder that failure to make a contemporaneous objection at the time evidence is introduced at trial will result in waiver of the issue on appeal,” Pyle wrote in Kyle W. Dilts v. State of Indiana, 15A01-1412-CR-545. “Indeed, an appellate claim will not be preserved upon an objection discussed or not made immediately prior to or following the admission of evidence.”  

 

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