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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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