Closed-circuit testimony not unconstitutional
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
Child Molesting
Articles
‘Vouching testimony’ not allowed in child sex abuse cases
The state’s rules of evidence don’t allow for “vouching testimony” in child sex abuse cases to help determine when a youth isn’t exaggerating, and the Indiana Supreme Court won’t carve out an exception allowing for that testimony in these types of cases.
No fundamental error in jury seeing previously dismissed counts
The Indiana Court of Appeals relied in part on two decades-old cases from the state Supreme Court to find that exposing the jury to dismissed charges did not deprive a defendant of a fundamentally fair trial.
Court of Appeals reverses molestation convictions
The Indiana Court of Appeals has thrown out a man’s convictions of Class A felony child molesting because the trial court erred in admitting improper vouching testimony.
7th Circuit affirms sentence for sexual involvement with 12-year-old girl
The 7th Circuit Court of Appeals upheld the 135-month sentence given to a man who drove from Illinois to have sex with a 12-year-old Westfield girl, finding that although the District Court miscalculated the imprisonment range, the defendant was sentenced within the correct guidelines range.
Judges affirm credit restricted felon status
The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.
Judges reverse felony sexual battery conviction
Because the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor battery.
7th Circuit affirms man’s remanded sentence
The 7th Circuit Court of Appeals has upheld the 210-month sentence received by a defendant on remand for attempting to coerce or entice a minor to engage in sexual activity.
Appellate court orders new trial in child molesting case
A man who was convicted of Class C felony child molesting is entitled to a new trial, according to the Indiana Court of Appeals.
COA reverses guilty plea to Class A felony child molesting
Because a defendant repeatedly maintained his innocence to Class A felony child molesting at his guilty plea hearing but also pleaded guilty to the charge, the trial court erred in accepting his plea, the Indiana Court of Appeals ruled.
COA clarifies ruling in negligent hiring lawsuit
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
Man entitled to new probation revocation hearing
The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
Lawsuit filed against former coach, swim organizations
A victim molested by the former swim coach at an Indianapolis high school and club team is suing the former coach, the school corporation and two swimming organizations, arguing several people knew of the coach’s past inappropriate contact with minors and did nothing about it.
Appellate court reverses summary judgment for insurer
The Indiana Court of Appeals reversed summary judgment in favor of a hotel’s insurance company in a negligent hiring suit, ruling there is a question as to whether the teenage hotel guest was under the “care, custody or control” of the hotel at the time the teen was molested by an employee.
Judges uphold involuntary commitment
When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.
COA finds 2007 version of statute is an ex post facto law
The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.
Court could find juvenile must register as sex offender
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
Appeals court splits on new sentence modification issue
An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.
High court divided on revising molester’s sentence
Two justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years, believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
Court: Man may be classified as sexually violent predator
The Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of powers.