COA denies appeal, cross-appeal in stepdad’s child molesting case

A convicted child molester has failed to convince the Court of Appeals of Indiana that a mistrial should’ve been granted in his case due to an errant PowerPoint slide and the replaying of his victim’s testimony to the jury. However, the appellate court also denied a cross-appeal by the state challenging the denial of its request to classify the man as a credit-restricted felon.

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Transfer granted in six child sex abuse deposition cases

Indiana Supreme Court justices granted transfer in six cases last week all addressing whether child sex abuse victims can be ordered for deposition in light of a state statute the Court of Appeals of Indiana has repeatedly held violates the Indiana Rules of Trial Procedure.

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Justices split, find ‘jurisdictional gap’ in child molesting offense committed by minor who is now an adult

Neither the juvenile court nor the criminal court has jurisdiction over a man who allegedly committed child molesting while still a minor but whom the state did not attempt to criminally charge until he was over 21, creating a “jurisdictional gap” in cases where an offender ages out of the juvenile system, according to the Indiana Supreme Court. But the court’s majority holding was challenged by two dissenting justices, who argued the Indiana Legislature “would never have intended” for the alleged criminal act to go unpunished.

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