Jeremiah D. Wilkes v. State of Indiana, 2014 Ind. App. LEXIS 188

Wilkes was convicted by a jury of two counts of Class B felony sexual misconduct with a minor arising from 2010 incidents involving a 14-year-old victim, W.V.
The State presented testimony of W.V. and several witnesses; Wilkes challenged hearsay and vouching evidence as fundamental error, waiver notwithstanding.
The court admitted hearsay statements that were cumulative to W.V.’s testimony and admitted indirect vouching testimony by a detective.
Wilkes did not object to most challenged evidence at trial, so the court considered whether any error rose to fundamental error.
The trial court sentenced Wilkes to two concurrent eight-year terms, three years executed and five years of probation, which the court affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Hearsay admission constitutes fundamental error?	State contends hearsay was cumulative and not harmful.	Wilkes argues admission violated Rule 801 and fundamental fairness.	No fundamental error; cumulative nature renders harmless.
Vouching testimony improper?	State asserts statements were admissible as non-direct vouching.	Wilkes argues detective’s comments improperly vouched for victim.	Harmless error; not reversible given other strong evidence.
Cumulative error as a whole?	State maintains no single error—cumulative errors still harmless.	Wilkes contends cumulative errors deny due process.	No fundamental error cumulative; convictions affirmed.

Hoglund v. State, 962 N.E.2d 1230 (Ind. 2012) (indirect vouching; harmless error when evidence strong)
Kindred v. State, 973 N.E.2d 1245 (Ind. Ct. App. 2012) (limits on vouching testimony; fundamental error standard)
Mathis v. State, 859 N.E.2d 1275 (Ind. Ct. App. 2007) (cumulative hearsay not reversible error)
Nunley v. State, 916 N.E.2d 712 (Ind. Ct. App. 2009) (hearsay admissibility when cumulative evidence)
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009) (fundamental error framework for evidentiary claims)