Articles

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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Opinions Aug. 4, 2022

Indiana Court of Appeals
John Kader v. Marion County Sheriff, in his official capacity, and the Marion County Sheriff’s Department (mem. dec.)
21A-PL-2197
Civil plenary. Reverses the Marion Superior Court’s grant of summary judgment to the Marion County sheriff, in his official capacity, and the Marion County Sheriff’s Department on John Kader’s negligence claims. Finds law-enforcement immunity does not apply and the trial court erred in entering summary judgment for the sheriff’s department on that basis. Remands for further proceedings.

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