March 26, 2025
Indiana Court of Appeals
Robert Bruce Cole v. State of Indiana
No. 25A-CR-1996
Criminal. Appeal from the Tippecanoe Superior Court, Judge Steven P. Meyer. Affirms Cole’s conviction for Level 4 felony child molesting and habitual offender enhancement. Holds the trial court did not abuse its discretion in admitting the victim’s forensic interview under the Protected Person Statute after finding the victim was unavailable due to serious emotional distress that would prevent him from reasonably communicating if required to testify in Cole’s presence; the court also concludes Cole waived his specific challenge to the unavailability finding by failing to raise it at trial. Chief Judge Tavitas authored the opinion. Judges Weissmann and Foley concur. Appellant’s attorney: Bruce W. Graham, Graham Law Firm P.C., Lafayette, Indiana. Appellee’s attorneys: Office of the Indiana Attorney General.
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