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COA: Hearsay evidence properly admitted

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The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.

In Donte L. Boatner v. State of Indiana, No. 49A04-1002-CR-68, Donte Boatner challenged the trial court admittance of his girlfriend’s testimony to police as hearsay evidence and claimed that evidence violated his confrontation rights. His girlfriend, A.J., did not testify at his trial where he was convicted of Class A misdemeanor domestic battery.

A.J. ran toward Marion County Community Corrections Deputy Ross Earles as he was sitting in an unmarked car at a work-release center. A.J., who was not wearing any shoes and appeared disoriented and crying, told Earles she needed help and that Boatner had pushed her down and hit her on her face. She then told him where Boatner could be found.

Boatner objected to Earles’ testimony of A.J.’s statements to him being admitted at trial, which the trial court overruled. The testimony was properly admitted under the “excited utterance” exception in Indiana Evidence Rule 803(2). Even though the emergency situation had passed by the time A.J. approached Earles, A.J. was still clearly under the stress of the excitement caused by the battery when she spoke to the deputy.

The judges also rejected his argument that the admission of A.J.’s statement violated his right to confront witnesses under the Sixth Amendment. Because he didn’t object to Earles’ testimony based on Crawford v. Washington, 541 U.S. 36, 68 (2004), or the Sixth Amendment, his confrontation claim was waived on appeal.
 
Even if the issue had been properly preserved, it wouldn’t prevail because Crawford only applies to testimonial hearsay, wrote Judge Paul Mathias. Statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to help police meet an ongoing emergency, he continued.

“Here, there is no indication that Deputy Earles’ primary purpose in speaking with A.J. was to establish or prove past events potentially relevant to later prosecution. To the contrary, Deputy Earles was sitting in his car when A.J. quickly approached him and, before he could even ask a question, told him that Boatner had pushed her down and hit her in the face,” he wrote.
 

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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