Appellate court upholds murder conviction

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Although the trial court erred in finding a police officer was a skilled witness uniquely qualified to assess a murder victim's truthfulness, it was a harmless error because his testimony was an admissible lay observation, the Indiana Court of Appeals concluded today.

In Theotis Tolliver v. State of Indiana, No. 45A03-0906-CR-250, Theotis Tolliver appealed his murder conviction and habitual offender enhancement resulting in 90-year sentence for shooting Benjamin Woodward Jr. Tolliver claimed the trial court erred by letting a police officer testify, based on Woodward's body language, about the "truthful" nature of certain statements made by the victim; by allowing into evidence some of Woodward's statements to his family as statements against interest under Indiana Evidence Rule 804(b)(3); by denying his motion for a continuance when a defense witness didn't appear at trial; and by prohibiting defense counsel from inquiring into certain state's witnesses' possible bias on cross-examination.

Tolliver and Woodward got into an argument after a dice game, which led to Tolliver shooting Woodward in front of several witnesses. Woodward told his family in the hospital Tolliver shot him but that he would take care of it and he wasn't a snitch. He didn't cooperate with police during the investigation. Woodward eventually died of his injuries.

The Court of Appeals agreed with Tolliver that the trial court erred by allowing a police officer to testify as a skilled witness regarding Woodward's body language at the time he made certain statements. The trial court allowed the officer to testify based on his interrogation training. Other jurisdictions have disapproved of body language testimony, and the appellate court was similarly skeptical of the testimony. Because the officer didn't testify regarding Woodward's specific truthfulness but just observed that Woodward was uncooperative, was angry, and didn't want to talk, that testimony is admissible pursuant to Evid. R. 701 as a lay opinion, wrote Judge Cale Bradford. As a result, it was a harmless error.

The Court of Appeals ruled the testimony by Woodward's family members that he told them Tolliver shot him and he would take care of it, shouldn't have been admitted into evidence as an admission against interest. The statements were merely a statement of intent. Given the independent eyewitness testimony identifying Tolliver as the shooter and the gun used to kill Woodward, the introduction of the family's testimony wasn't prejudicial enough to deny Tolliver a fair trial, wrote the judge.

The refusal to grant Tolliver a continuance to locate a defense witness wasn't an abuse of discretion because he had other witnesses testify on his behalf as alibi witnesses. In addition, there was difficulty locating the witness, who was likely uncooperative because he had three active warrants and was being investigated in connection with a murder case.

Finally the Court of Appeals found no error in limiting Tolliver's attorney's cross-examination of state witnesses about possible deals they would receive in exchange for testifying. The purported deals were purely speculative and unsupported by evidence.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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