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. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon