High court adopts 'substantial trustworthiness' test

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court has adopted a "substantial trustworthiness" test to determine the reliability of hearsay evidence in probation revocation hearings.

A 5-0 decision came today in George Reyes v. State of Indiana, 01S02-0612-CR-495, which comes from Adams Circuit Court and involves a man once convicted and imprisoned for aggravated battery. Reyes began probation in 2000 after his release from prison, but in February 2005 his probation officer filed a violation petition because Reyes tested positive for marijuana. An agreement with the state meant that he wouldn't have to serve the entire suspended sentence if no new drugs appeared during a second test. During a hearing, the trial court allowed affidavits to be entered showing Reyes had used cocaine before the collection despite Reyes' counsel objections to that as hearsay.

The Court of Appeals rejected Reyes' argument that the evidence admitted violated his due process rights to confront a witness, and the state asked the justices to clarify a standard for which a trial court should judge the admission of evidence challenged by a probationer on confrontation grounds.

Prior to this decision, courts had used two principal methods for determining this admissibility: the "substantial trustworthiness test" and a "balancing test" weighing the probationer's interest in confronting the declarant against the State's interest in not producing the same.

Court of Appeals judges applied a balancing test in this case, though the 7th Circuit Court of Appeals in Chicago has used the "substantial trustworthiness" test, Justice Sullivan wrote. He wrote the latter incorporates good cause into its calculus and is the more effective means.

"The substantial trustworthiness test also provides a clearer standard," he wrote. "A balancing test in which a trial court weights the probationer's interest in confrontation against the State's good cause for not producing a witness is too unwieldy a method for everyday use in a proceeding as common as a probation revocation hearing. ..."

In the end, justices affirmed the holding of the Court of Appeals that the affidavits were properly admitted but held that the trial court should have applied a test of "substantial trustworthiness."

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. 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?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.