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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 will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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