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Panel affirms robbery conviction in confrontation clause appeal

November 27, 2013

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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