ILNews

Transfer granted to confrontation issue

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer to five cases Aug. 14, including a case that asks whether a defendant has the right to confront the lab technician who prepared a certificate of analysis. The high court granted transfer to Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, in which the Indiana Court of Appeals in July affirmed Richard Pendergrass' convictions of child molesting. The appellate court ruled Pendergrass' Sixth Amendment right to confrontation wasn't violated with the admittance of a certificate of analysis regarding DNA samples. The documents prepared by the forensic biologist - who didn't testify at trial - weren't admitted to prove Pendergrass molested his daughter and fathered a child with her, but to provide context to a doctor's opinion. On Aug. 12, a separate Court of Appeals panel ruledRicky L. Jackson had the right to confront the lab technician who prepared a report stating he had cocaine in his system. The lab technician was on maternity leave and unable to appear in court. That panel decided a certificate of analysis used to prove an element of a charged crime constitutes a testimonial statement under Crawford v. Washington, so defendants should have the right to confront the lab technician.
The court also agreed to transfer Robert J. Pelley v. State, No. 71A05-0612-CR-726, a St. Joseph County quadruple murder case that justices heard arguments on Aug. 14. At issue in the appeal is whether appellate delays constitute "court congestion" or an emergency out of prosecutorial control as it relates to a defendant's speedy trial rights.

In Filter Specialists Inc. v. Dawn Brooks and Charmaine Weathers, and Michigan City Human Rights Commission, No. 46A05-0704-CV-203, the Indiana Court of Appeals reversed a trial court order affirming the decision of the Michigan City Human Rights Commission. The commission found Filter Specialists took adverse employment action against Dawn Brooks and Charmaine Weathers because they are African-American. The majority of the appellate court panel ruled the commission's decision wasn't supported by sufficient evidence. Judge Nancy Vaidik dissented, writing she would affirm the commission's decision but remand for a calculation of damages for Weathers. The Court of Appeals also concluded that Filter was subject to the commission's jurisdiction, the trial court properly joined the commission, and Brooks and Weather's failure to introduce a local ordinance into evidence wasn't fatal. The Supreme Court also agreed to hear City of East Chicago, Indiana v. East Chicago Second Century, No. 49A02-0608-CV-631, and Steve Carter v. East Chicago Second Century, et al., No. 49A02-0708-CV-722, as reported Monday in Indiana Lawyer Daily.
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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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