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Court error denying police deposition in drug case harmless, COA rules

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A Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.

A jury convicted Michael Gray of Class D felony possession of cocaine, and he was sentenced to four years in prison by Master Commissioner Shatrese M. Flowers. His sentence was enhanced by a habitual substance abuse offender plea.
 
In Michael Gray v. State of Indiana, 49A02-1205-CR-352, Gray’s appeal centers on the testimony of an Indianapolis Metropolitan Police Department officer regarding a traffic stop. Gray was a passenger in a car stopped for speeding, after which police determined the driver’s license was suspended, and a search of the vehicle revealed crack cocaine.

At trial, IMPD officer Christopher Morgan testified that Gray at first said he didn’t know what was going on but later said “no (the cocaine) is not hers.” Gray’s defense disputed the testimony and wanted to play an excerpt from a deposition at which Morgan said Gray had stated instead that he did not want to blame the driver.

The state objected when Gray’s defense began to play the tape, and Flowers declined to admit evidence from the taped deposition.

“Because there was an inconsistency in the officer’s testimony, Gray contends that he should have been allowed to impeach Officer Morgan with his deposition testimony. We agree,” Judge Nancy Vaidik wrote for the panel. “Gray should have been permitted to play the specific portion of the tape that contained the inconsistent deposition testimony and give the officer an opportunity to explain the inconsistency.”

“We find the error harmless, however. Officer Morgan ultimately admitted that his testimony may have been inconsistent, making Gray’s impeachment attempt complete — though jurors likely found this admission less persuasive than an audio recording of the officer’s inconsistent statement,” Vaidik wrote. “And the evidence adduced at trial strongly points to Gray’s guilt: when police officers stopped the car Gray was riding in, Gray made furtive movements and appeared nervous. Gray was sitting in the passenger seat, and the cocaine was found in the passenger doorframe. Accordingly, we find no reversible error here.”


 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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