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Panel affirms robbery conviction in confrontation clause appeal

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A defendant who was denied the opportunity to cross-examine an expert witness who provided cell phone records placing him near the scene of a Morgantown bank robbery wasn’t deprived a fair trial, the Court of Appeals ruled Wednesday.
 
Joseph Everroad appealed his conviction of the June 2012 gunpoint robbery of a teller at First Merchants Bank after several witnesses identified him at trial as the man captured on video surveillance. In Joseph Everroad v. State of Indiana,  55A01-1303-CR-107, Everroad claimed his Sixth Amendment right to confront witnesses against him was violated when he was unable to challenge the credentials of the cell phone expert in the presence of the jury.

The witness explained a “legend” used to interpret cell phone records, but Everroad claimed the expert’s training and qualifications were insufficient.

“Everroad enjoyed the right to confront (the witness), who testified at trial and was subject to cross-examination. The legend to which he referred was not testimonial,” Judge Mark Bailey wrote for the panel in affirming the Morgan Superior Court. “Everroad has shown no deprivation of his Sixth Amendment right of confrontation.”



 

 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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