Indiana Criminal Defense Attorneys

MyIndianaDefenseLawyer.com

Free Initial Consultation

(888) 632-5650

  • Home
  • Criminal Charges
  • Criminal Court Procedures
  • About/Contact
  • Blog

Indiana Supreme Court Upholds Child Molester Conviction

September 29, 2009 By dave

The Indiana Supreme Court upheld the conviction of a man accused of of child molestation. His court challenge was based on the US Supreme Court’s Melendez-Diaz decision concerning the right to confront one’s accuser when it comes to forensic and scientific evidence, such as in DNA reports.

The original case hinged on DNA evidence that he had been the father of the fetus of the 13 year old victim.

In the Melendez-Diaz decision, which was the basis of the challenge, the defendant did not have any ability to challenge the forensic evidence, which in this case was the identification of cocaine as an illegal substance. No live expert testimony was used to support the documentation, so there was no opportunity to challenge the facts presented. This violated the confrontation clause of the 6th amendment of the Constitution.

However, in this case, in a 3-2 vote the justices ruled that his rights had not been violated. There were two experts who testified to the validity of the DNA evidence, and the process used. One was the supervisor of the actual DNA technician who performed the test, and the other was an expert on DNA evidence.

The defense claimed that this testimony was insufficient, since the specific lab tech who analyzed the evidence did not testify. A two justice minority agreed with this point.

Under Indiana criminal penalties, the defendant was sentenced to a term of  65 years in prison.

Filed Under: criminal law

Free Legal Consultation

Contact our attorneys for a free legal case evaluation on any criminal charge by calling:


(888) 632-5650


Receive our free legal defense consultation and case evaluation. We'll explain what you are facing in plain language, and tell you how we can help.

Criminal Charges

  • Battery
  • Criminal Mischief / Computer Tampering
  • Disorderly Conduct
  • Domestic Battery (Assault)
  • Driving on a Suspended License
  • Drug Posession with Intent
  • Drug Possession
  • Drunk Driving (OWI)
  • Drunk Driving / OWI – 2nd Offense
  • Failure to Appear
  • Fraud / Check Deception (Bad Checks) / Identity Theft
  • Harassment / Stalking
  • Hit & Run
  • Intimidation
  • Marijuana Possession
  • Reckless / Aggressive Driving
  • Restraining Order Violations
  • Theft / Shoplifting
  • Weapons Offense
Copyright © 2025 Get Lawyer Leads, Inc.
THIS IS AN ADVERTISEMENT. This is not a law firm or referral service and does not provide legal advice. This is a free matching service only, claim reviews will be performed by a third party attorney. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. Services are not available in all states.