ILNews

Women who dodged orders to appear at trial properly declared unavailable

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed a teen’s conviction of felony robbery, finding the trial court did not abuse its discretion in declaring two women unavailable for his trial and admitting their depositions at his trial.

Kevin Davis was charged with Class A felony robbery resulting in serious bodily injury after prosecutors alleged he and another man stopped Kevin Taylor on his bike, attempted to sell him marijuana, and then beat him with a brick when he refused. Taylor’s shoes, money, drugs and bicycle were stolen during the robbery.

Dorothy Davis, Kevin Davis’ biological aunt and adoptive mother, called police the day of the robbery and said a robbery had occurred in front of her house the night before. L.H., a cousin to Kevin Davis, told police that she was home at the time of the incident and identified Davis to the officer as one of the people who beat and robbed Taylor. Dorothy Davis allowed police to search her home, where police found Taylor’s shoes and a bottle of alcohol in the trash. A.D., Dorothy Davis’ daughter, had taken photos of the bloody scene on the cell phone, which she gave to police.

But when it came time for Kevin Davis’ trial, his mother and adopted sister refused to show up in court to testify, despite multiple requests and orders from the court. L.H. took the stand, but said she didn’t remember witnessing the robbery and didn’t remember anything associated with it. She denied identifying Kevin Davis as being involved.

The prosecution moved to admit Dorothy Davis and her daughter’s depositions because they made themselves unavailable for trial. The trial court admitted them over Kevin Davis’ objections and he was convicted as charged.

On appeal, the Court of Appeals agreed that the two women made themselves unavailable for trial so there was no abuse by the trial court to admit their depositions. Dorothy was held in contempt for not appearing, and still did not show up at trial when ordered. When police went to her home, the people inside refused to open the door.

The judges also affirmed the admittance of L.H.’s prior statements to police. As she testified at trial, she was subject to cross-examination concerning her out-of-court statements, and the trial court was free to believe or disbelieve her testimony and assess her credibility.

Kevin Davis also argued there wasn’t sufficient evidence to support his conviction because the testimony admitted of his mother, adopted sister and cousin should not have been admitted, as well as the photos A.D. gave to police.  But L.H.’s statements to police were properly admitted, Taylor made an in-court identification of Davis as the person who started the robbery, and Davis had Taylor’s blood on his shoes and clothing.

The case is Kevin Davis v. State of Indiana, 49A05-1310-CR-523.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT