Women who dodged orders to appear at trial properly declared unavailable

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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.



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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.