Appeals court sides with murder defendant in hearsay appeal

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Citing hearsay rules, the Indiana Court of Appeals has affirmed a trial court’s finding that the state may not introduce into evidence statements that could implicate a man who is facing murder charges.

In  State of Indiana v. Alfonso M. Chavez, No. 45A03-1012-CR-619, the state argued that statements by two co-defendants that implicate Alfonso Chavez should be admitted because neither the Sixth Amendment nor the Indiana Rules of Evidence require exclusion of the evidence. The appeals court disagreed with the state regarding the Rules of Evidence and therefore declined to consider the constitutional relevance of the appeal.

Chavez is charged with two counts of murder in the deaths of Jason Janek and Kevin Abulhusn, who were fatally shot in 2004. The killings were unsolved until 2010, when two men – David Redmon and Hugh Struss – made statements implicating Chavez and others involved.

According to Redmon, a former co-worker of Alfonso’s brother Mark Chavez, Mark said that Alfonso had shot at least one of the men, and he said he helped Alfonso dispose of the bodies. The state argues that the trial court erred by excluding the statement Mark made to Redmon, and that Mark’s statements should be admissible because he is a party-opponent. The appeals court held that because the state has not alleged that Mark is a co-conspirator, his statements are not of a party-opponent and are therefore inadmissible as hearsay.  

Hugh Struss said that Eric Valdivia told him that Alfonso shot and killed Janek and Abulhusn in the basement of the bar Valdivia owned. The state argued that Valdivia’s statements are admissible because they were an “excited utterance.” But the appeals court held that no indication existed about how much time had passed between the deaths and Valdivia’s statements. Citing Boatner v. State, 934 N.E.2d 184, 186 (Ind. Ct. App. 2010), 934 N.E.2d at 186, the appeals court held that the admission of an excited utterance turns on whether the statement was inherently reliable because the witness was under the stress of a startling event and therefore unlikely to make deliberate falsifications.

The appeals court affirmed the trial court, holding that the state had not shown that trial court abused its discretion by excluding Mark Chavez’s and Valdivia’s statements.


  • Excitable utterance? ha ha ha
    very very unprofessional for the state of Indiana to think an excited utterance would be valid what they should have gone with is a personal sense impression idiots. Hearsay within Hearsay is inadmissible in Indiana, always has been how many would get arrested if groups of ppl who shared a common hatred for another would make up fallacies?

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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.