ILNews

COA: Admission of evidence of phone number did not affect verdict

Back to TopCommentsE-mailPrintBookmark and Share

Because of overwhelming evidence placing the defendant at the scene of a shooting, the admission of additional evidence that before the shooting, a victim made calls to a phone number associated with the shooter did not affect the verdict, the Indiana Court of Appeals held Friday.

In Michael A. Lane v. State of Indiana, 82A05-1212-CR-640, Michael Lane appealed his convictions of murder, Class B felony conspiracy to commit dealing in a scheduled II controlled substance and two counts of Class C felony criminal recklessness. Lane was to bring money to a drug deal arranged by Jason Derrington for Michael Hooper. When Hooper, his cousin Frank Hurst, and Derrington showed up at the agreed location, Lane got into Hurst’s car with the money. During the transaction, Lane took off and started shooting at the men, killing Hooper and injuring the other two.

Lane appealed his convictions, arguing the trial court abused its discretion by rejecting his tendered jury instruction on reckless homicide as a lesser-included offense of murder and by admitting hearsay evidence after concluding Lane had opened the door to this previously excluded evidence.

The COA found that based on the specific facts of this case, a jury could not reasonably conclude that Lane acted recklessly but not knowingly when he fired the shot that killed Hooper, so an instruction on reckless homicide wasn’t warranted.

During the trial, evidence was admitted that Derrington called a number with a (678) area code four times on the night of the shooting, but that number was not initially linked to a particular person. But evidence linking Lane to that number was introduced through detective Brian Melton, who said that number belonged to Lane’s cousin Obie Davis, whom he had interviewed shortly after the shooting. The issue arose during cross-examination of Melton by defense counsel.

Lane claimed the trial court erroneously determined that he had opened the door to hearsay evidence linking him to the (678) phone number.  The appellate court found Davis’ statement to police regarding the number was testimonial, and the trial court erred in concluding Lane opened the door to the admission of the testimonial statement. A defendant can open the door to the admission of evidence otherwise barred by the Confrontation Clause, but that waiver must be “clear and intentional,” which was not the case here.

But this does not require reversal of Lane’s convictions.

“We are confident that the brief testimonial hearsay evidence admitted through Detective Melton was harmless beyond a reasonable doubt. Although the evidence regarding the phone number tended to establish some link between Lane and the crime, this link had already been shown by other overwhelming evidence establishing that Lane came to the scene to transact a drug deal that ended badly,” he wrote.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT