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COA overturns conviction, ruling statements about age not relevant for treatment

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A Marion County man had his conviction overturned after the Indiana Court of Appeals found a social worker’s statements about his age were hearsay because they were not made specifically for a medical purpose.

Verdyer Clark was convicted of battery as a Class D felony pursuant to I.C. 35-42-2-1(a)(2)(B) which requires the state prove the battery resulted in bodily injury to a person less than 14-years-old and was committed by a person at least 18-years-old.

As evidence of Clark’s age, the state offered two documents prepared by a social worker who interviewed Deanna Drain, the mother of the injured infant. One document, “Preliminary Report of Alleged Child Abuse or Neglect,” listed Clark as “Other Person Responsible for Child(ren)” and showed his age as 23. The other document, “Social Work ED Assessment Plan Final Report,” noted the “Mother has a boyfriend of 9 months Verdyer Clark age 23.”

Clark appealed on the grounds the state did not prove its case because the only evidence it offered that he was over 18 at the time of the crime was inadmissible hearsay. The COA agreed in Verdyer Clark v. State of Indiana, 49A04-1202-CR-66. It reversed and remanded so the state could decide whether to retry Clark.

The state asserted the social worker’s statements were admissible under Evidence Rule 803(4) which excludes from the hearsay rule statements for the purposes of medical diagnosis and treatment.

However, the COA dismissed that argument, finding it was not apparent that the social worker made the statement about Clark’s age for the purpose of receiving medical diagnosis or treatment.

Citing State v. Velasquez, 944 N.E.2d 34, 40 (Ind. Ct. App. 2011), the court noted that in order for statements to be admissible under Evidence Rule 803(4), they need not be in furtherance of diagnosis and treatment. Rather, the statements must be relied on either to render a diagnosis or provide treatment.
 
Consequently, the court found the evidence of Clark’s age was not “reasonably pertinent” to the diagnosis or treatment of the infant victim. The information about Clark’s age had no apparent relevance to a diagnosis of the child’s injuries, so the social worker’s statements were not admissible under the Rule 803(4) hearsay exception.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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