Evidentiary arguments fail to overturn child molesting conviction at COA
A man convicted of child molesting will not get relief from the Court of Appeals of Indiana, which rejected his evidentiary arguments and his claim of prosecutorial misconduct.
Child Molesting
Articles
IN justices to review child molesting, property damage cases
The Indiana Supreme Court has agreed to review a “he said, she said” child molestation case that presented an issue of first impression and a dispute between a town government and two residents whose property was flooded.
COA tosses Level 1 felony child molesting convictions, orders entry of Level 4 felonies on remand
The Court of Appeals of Indiana has overturned two Level 1 felony child molesting convictions in favor of lower-level felonies, citing insufficient evidence to support the more severe charges.
Split 7th Circuit affirms denial of habeas relief despite excluded evidence
A northern Indiana man convicted of molesting his teenage nephew has lost his appeal of the denial of habeas relief based on the argument that he should have been allowed to present evidence of his nephew’s drug use.
COA remands after finding teacher’s aide’s 6th Amendment rights violated in child molesting case
A former teacher’s assistant sentenced to more than 40 years on child molesting charges could win a partial resentencing after she presented an issue of first impression to the Court of Appeals of Indiana, which held her Sixth Amendment rights were violated.
Appellate court splits in first impression ‘he said, she said’ child molesting case
Court of Appeals of Indiana judges parted ways on an issue of first impression in a “he said, she said” child molestation case, with the majority finding that a man was not given a fair opportunity to challenge the “she said” part of the evidence.
Stepdad waives arguments against comfort animal in court, loses child molesting appeal
The Indiana Court of Appeals has affirmed a trial court’s decision to allow a child molestation victim to testify in court with a comfort animal at her side. The ruling means the defendant’s child molesting convictions will stand.
Indiana softball coach gets 30 years for molesting girl, 13
A northern Indiana softball coach faces a 30-year prison sentence after pleading guilty to molesting a 13-year-old girl who had played on one of his travel teams.
Teen charged in death of Indiana girl moving closer to trial
A teenage boy accused of killing a 6-year-old northern Indiana girl is moving closer to a possible trial after a judge declined to dismiss charges in the case and doctors found him competent to stand trial.
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.
FBI open to settling claims by gymnasts abused by Nassar
The FBI has reached out to attorneys representing Olympic gold medalist Simone Biles and other women who were sexually assaulted by Larry Nassar to begin settlement talks in the $1 billion claim they brought against the federal government, according to three people familiar with the matter.
COA affirms child molester’s convictions despite abuse of discretion
The Court of Appeals of Indiana has affirmed a child molester’s convictions after finding that while the trial court abused its discretion in admitting the child’s consistent recorded pretrial statement, the abuser failed to prove his substantial rights were affected as a result.
Ohio man charged with rape of girl, 10, who traveled to Indiana for abortion
An Ohio man has been charged with raping a 10-year-old girl whose case drew national attention following a doctor’s comments that the child had to travel to Indiana for an abortion, an account that had led some prominent Republicans — including Ohio’s attorney general and a congressman — to suggest it was fabricated.
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.
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.
Inmate sanctioned by COA for continued filing of frivolous lawsuits
Fed up with the increasing burden an Indiana inmate has placed on the courts with frivolous lawsuits, the Court of Appeals of Indiana has instructed trial courts to not put up with the prisoner’s misconduct any longer.
Indiana justices reverse ruling permitting deposition of child sex abuse victims
The Indiana Supreme Court has swiped at a Court of Appeals of Indiana ruling that allowed a defendant accused of child sex crimes to take the deposition of his accuser, concluding that a disputed state statute preventing such depositions does not conflict with the Indiana Trial Rules.
Grandmother secures reversal in child custody case against father
A grandmother who says she helped “pick up the pieces” of her grandchild’s life after the minor was molested in her father’s home has secured a reversal from the Court of Appeals of Indiana in a custody battle.
COA remands after trial court failed to explain reasons for sentence
The Court of Appeals of Indiana has overturned the aggregate 60-year sentence of a Union County man convicted of child molestation because the trial court did not explain its reasoning for the consecutive sentences.
COA has ‘little doubt’ state violated discovery rule in child molesting case
Bungled communications by law enforcement officials over whether a polygraph was admissible in court has resulted in the Court of Appeals of Indiana affirming the exclusion of the evidence against a defendant in a child molestation case and sanctions against the state.