ILNews

Confidential informant testimony did not hinder defense

Back to TopCommentsE-mailPrintBookmark and Share

A man who was arrested after a confidential informant arranged drug buys was not hindered by the fact that the informant testified at trial anonymously, the Indiana Court of Appeals ruled.

In Tyronne Dickerson v. State of Indiana, No. 45A04-1104-CR-160, Tyronne Dickerson appealed his convictions of three counts of Class A felony dealing in narcotics.

The case involves two controlled drug buys on Jan. 25 and 28, 2010. In each instance, Dickerson delivered heroin to the same confidential informant – a friend whom Dickerson had known since 2008. Audio and video recordings were made of each transaction, and police maintained visual surveillance of the first. During the second transaction, Dickerson removed the drugs from a cigarette box located within the console of the vehicle he drove to the scene.

In his appeal, Dickerson claimed the court erred by allowing the informant to testify anonymously. The COA rejected that claim, holding that Dickerson acknowledges that he did not object to the limitations placed upon his cross-examination of the confidential informant at trial. The appeals court held that Dickerson, by way of appeal, attempted to circumvent waiver by alleging fundamental error. But the court wrote that Dickerson would need to prove that testimony by the confidential informant seriously and substantially tainted the entire trial. Dickerson did not prove that claim, and the COA affirmed the trial court.

 

ADVERTISEMENT

  • informant wearing audio and video
    During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT