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

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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.

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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