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Justices reaffirm decision after correcting factual error

December 16, 2016

The Indiana Supreme Court has reaffirmed its decision to deny relief to a man convicted of child solicitation after granting a rehearing on that decision to correct a factual error.

In Kyle Bess v. State of Indiana, 09S02-1609-CR-484, the justices affirmed Kyle Bess’ sentence to three years for felony child solicitation in September, writing in its per curiam opinion that Bess had asked his 14-year-old niece to give him a lap dance and “had her sit on his lap.”

Bess contended in his petition for relief under Indiana Appellate Rule 7(B) that he did not “(have) her sit on his lap,” but instead asked her to do so, but she declined. That inaccuracy originated with the Indiana Court of Appeals, Bess said, and the “false statement impacted the decision made by the Indiana Supreme Court to affirm the trial court.”

In another per curiam opinion posted Friday, the justices conceded that the record did reflect that Bess’ niece declined to sit on his lap, so they granted rehearing to correct that fact. However, the justices also wrote that their original opinion still stands in all other respects.

 

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