William Sherman Wilder v. State of Indiana (mem. dec.)
36A05-1512-CR-2278
| Ind. Ct. App. | Jul 27, 2016Background
- Three counts of Class A felony child molesting against William Sherman Wilder for sexual intercourse with a 13‑year‑old victim (A.B.) on three separate occasions between Dec 2013 and Jan 2014.
- Victim testified Wilder removed her clothing, had intercourse with her while she was intoxicated or resisting, and suffered significant psychological harm requiring psychiatric care and medication.
- Corroborating evidence: Wilder admitted to a relative (Johnson) that he had sex with A.B.; a party witness saw Wilder kissing A.B.; Wilder texted A.B. telling her not to tell police.
- While jailed, Wilder attempted to procure videos and drugs to make the victim recant and repeatedly solicited others to fabricate exculpatory evidence.
- Wilder waived a jury; the bench convicted him on all three counts, found him to be a habitual offender, and imposed concurrent 35‑year terms enhanced by 30 years for habitual‑offender status, for an aggregate 65‑year sentence.
Issues
| Issue | State's Argument | Wilder's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support three Class A child‑molesting convictions | A.B.’s testimony, combined with admissions, witness observations, and texts, is sufficient | Convictions rest solely on A.B.’s inconsistent testimony and are therefore insufficient | Affirmed; testimony plus corroborating evidence satisfied the standard and incredible‑dubiosity did not apply |
| Appropriateness of aggregate 65‑year sentence under Rule 7(B) | Sentence justified by repeated offenses, victim trauma, Wilder’s criminal history, and post‑arrest conduct to undermine victim | Sentence excessive; asks reduction to 40 years | Affirmed; appellate review found sentence not inappropriate given offense nature and offender’s character |
Key Cases Cited
- Turner v. State, 953 N.E.2d 1039 (Ind. 2011) (standard for reviewing sufficiency and limits of incredible‑dubiosity rule)
- Love v. State, 761 N.E.2d 806 (Ind. 2002) (incredible‑dubiosity rule explanation)
- Rose v. State, 36 N.E.3d 1055 (Ind. Ct. App. 2015) (victim’s uncorroborated testimony can sustain conviction)
- Carter v. State, 44 N.E.3d 47 (Ind. Ct. App. 2015) (circumstantial evidence can prevent invocation of incredible‑dubiosity)
- Leggs v. State, 966 N.E.2d 204 (Ind. Ct. App. 2012) (presumption that judge applies law when weighing credibility)
- Remy v. State, 17 N.E.3d 396 (Ind. Ct. App. 2014) (Appellate Rule 7(B) focuses on aggregate sentence and outliers)
- Bratcher v. State, 999 N.E.2d 864 (Ind. Ct. App. 2013) (factors relevant to 7(B) review include culpability, harm, and offender character)
- Baber v. State, 870 N.E.2d 487 (Ind. Ct. App. 2007) (finder of fact best positioned to resolve timing/location discrepancies)
- Newsome v. State, 686 N.E.2d 868 (Ind. Ct. App. 1997) (inconsistent prior statements do not make trial testimony inherently improbable)
