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COA: woman not denied right to confrontation

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In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.

In Starlett Gilbert v. State of Indiana, No. 49A04-1102-CR-77, Starlett Gilbert appealed her conviction of Class D felony prostitution. Two police officers – Shane Decker and Larry Wilkerson – were working undercover when Gilbert approached them in their car. She got in after the two said they were looking to party and she suggested they could drive to her place. When they got to Gilbert’s home, the officers arrested her for prostitution.

At trial, Decker testified that Gilbert had asked the two what they wanted to do and that Wilkerson responded that he wanted oral sex. Gilbert objected, arguing that was hearsay, but the testimony was allowed. Decker was briefly cross-examined by the defense and Wilkerson was never called to testify.

Gilbert claimed that the trial court abused its discretion in admitting Decker’s testimony regarding Wilkerson’s statements and her right to confrontation was violated. The state conceded that Decker’s testimony in question was hearsay and shouldn’t have been admitted, but argued that Gilbert never called Wilkerson as a witness. The appellate court found Decker’s testimony wasn’t hearsay, but was a statement introduced to show that Wilkerson wanted to receive oral sex and provide context for Gilbert’s response, which was to ask how much money they had, wrote Judge John Baker.

The Confrontation Clause doesn’t apply to non-hearsay statements, even if they are testimonial, and in this case, Gilbert was given the opportunity to cross-examine Decker, who was present the entire time Gilbert was with the undercover officers.

But, the judges emphasized their ruling should not be interpreted as approval for how the state presented its case.

“To be sure, the State had the opportunity to procure the testimony of Detective Wilkerson but declined to do so. While we affirm the trial court, we strongly caution the State against such haphazard work in the future,” wrote the judge.

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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

  5. 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.

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