Clothing labels and security tags not considered hearsay evidence

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The Indiana Court of Appeals ruled Thursday that clothing from the store H & M that bore the company name and security tags attached to the clothing could be admitted at a woman’s trial for theft from the store on Black Friday.

Loss-prevention officer Kyle Hadley saw Dekuita Steen take clothing from H & M, place them on top of an empty stroller, then stuff the clothing into bags under the stroller. He watched her leave the store without paying, which activated the store’s security system. Hadley brought Steen back into the store, but she denied stealing. He removed the clothing from the bags and recognized it as the same clothing he saw Steen place in the bags. When Hadley was called to the front of the store to help with another matter, Steen fled down a fire escape and was arrested by police four days later.

In Dekuita Steen v. State of Indiana, 49A02-1211-CR-877, Steen argued that the trial court erred in admitting Hadley’s testimony on the security tags and store labels into evidence at her trial because they are hearsay.

“While the security tags and store labels are not in evidence, we assume based on the parties’ briefs that the security tags and the store labels contained the writing ‘H & M,’” Judge Nancy Vaidik wrote. “This writing, taken by itself, is not capable of being true or not true. Since it is not capable of being true or not true, the clothing labels could not have been admitted for the truth of the matter asserted. Rather, they were admitted as circumstantial evidence showing that because the tags were attached to the clothing, it made it more likely than not that the clothing belonged to H & M. Since the security tags and store labels inside the clothing were not out-of-court assertions admitted for the truth of the matter asserted, they did not constitute hearsay evidence.”

The judges held that Hadley simply testified about what he observed based on his personal knowledge of the matter, so his testimony was not hearsay. There is sufficient evidence to show Steen exerted unauthorized control over the clothes, which supports her Class D felony conviction.



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  1. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well