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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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