ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT