The “sexual innocence inference” is that a young victim’s ability to describe the charged sexual molestation is proof that the molestation occurred; adopts the “compromise position” which admits an unrelated prior instance of sexual experience for the victim if the defendant shows that the prior sexual act occurred and that the prior sexual act was sufficiently similar to the charged sexual act to give the victim the knowledge to imagine the charged conduct.
Appeals
Lafayette v. State, No. 45A03-0803-CR-118, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2009)
In plurality opinion, concurring judge and dissenting judge take position that rape defendant puts his intent at issue for purposes of Evidence Rule 404(b) when he asserts sex was consensual; lead opinion takes contrary position.
Redmond v. State, No. 49A02-0808-CR-761, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2009)
365 day period in which to file a petition to modify sentence without prosecutor’s consent begins to run when sentence is imposed, even when sentence sought to be modified runs consecutive to another.
Ramirez v. Wilson, No. 56A04-0806-CV-356, ___ N.E.2d ___ (Ind. Ct. App., Jan. 29, 2009)
Viable fetus was not a child for the purposes of the Child Wrongful Death statute.
Indiana Family & Social Servs. Admin. v. Meyer, No. 69A01-0807-CV-358, ___ N.E.2d ___ (Ind. Ct. App., Jan. 30, 2009)
Because plaintiff did not timely file the agency record or seek an additional extension of time in which to do so, its petition for judifical review of a final agency action was “subject to dismissal” under the Administrative Orders and Procedures Act; the trial court, however, had discretion to find that a petition “subject to dismissal” should not, upon a proper showing, be dismissed.