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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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