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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Apr 16 2012, 9:12 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MARY SPEARS Gilroy Kammen Maryan & Moudy Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JASON RUSSELL RICHARDSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 11A01-1106-CR-278

APPEAL FROM THE CLAY SUPERIOR COURT The Honorable J. Blaine Akers, Judge Cause No. 11D01-0910-FC-421

April 16, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Jason Russell Richardson appeals his conviction of child molesting, a class C felony.1 We affirm. ISSUES I. Whether the trial court committed reversible error in denying certain for cause challenges during voir dire. Whether a deputy's testimony constituted impermissible opinion testimony resulting in fundamental error. Whether the prosecutor engaged in misconduct resulting in fundamental error. FACTS The facts most favorable to the verdict show that Richardson lived in rural Clay County with his wife and his wife's two children. The family lived on property where two trailers were located. The family lived in one trailer and used the other trailer for storage. Between February 1, 2009, and May 31, 2009, K.S., an eleven-year-old female relative, visited the family's property on numerous occasions. On at least one occasion, Richardson asked K.S. to accompany him to the storage trailer, and when she assented, he took her to a bedroom containing only a mattress. Richardson asked K.S. whether she

II.

III.

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Ind. Code

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