ILNews

Court: Nontestimonial statements allowed at trial

Jennifer Nelson
January 1, 2008
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Statements to police made by a woman who accused a defendant of hitting her should have been admissible during the defendant's trial, the Indiana Court of Appeals ruled April 25.

The appellate court determined statements made by Keyona Brooks, in which she said defendant Tracey Lamont Martin struck her in the face while they were fighting in the car before he drove off with her children, should have been considered nontestimonial, and thus admissible at trial.

Brooks was not available to testify at Martin's trial on a domestic battery charge and Martin moved to suppress her statements to police, arguing their admission would violate his Sixth Amendment right to confrontation. The trial court granted his motion to suppress, finding the statements were testimonial.

In State of Indiana v. Tracey Lamont Martin, No. 02A04-0704-CR-219, the Court of Appeals examined the statements Brooks made and applied the U.S. Supreme Court decision, Davis v. Washington, 547 U.S. 813 (2006), to determine if her statements made to police were nontestimonial or testimonial. Testimonial statements are not admissible at trial.

In the Davis test, statements are reviewed to see whether the declarant was describing events as they were actually happening or past events; whether the declarant was facing an ongoing emergency; whether the nature of what was asked and answered elicited statements that were necessary to resolve a present emergency as opposed to learning about past events; and the level of formality of the interview.

In the instant case, Brooks told police officers about past events - Martin struck her and drove away with her children in a car with a door still open - but that information was relevant to establish whether Martin still posed a present danger.

Brooks experienced an ongoing emergency because she did not know the whereabouts of her children while speaking to police. The police asked Brooks questions about Martin to resolve the ongoing emergency. The interview process was extremely informal as Brooks was sitting on the side of the road, bleeding and hysterical, as she answered questions, wrote Judge Terry Crone.

"In sum, we must conclude that the circumstances of the officers' interrogation of Brooks objectively indicate that its primary purpose was to assist police in resolving an ongoing emergency. Therefore, Brooks's statements to police were nontestimonial, and the trial court abused its discretion in excluding them," he wrote.

The appellate court reversed the trial court decision; however, because the state is barred from retrying Martin on the domestic battery charge because he was acquitted, the issue is moot in this case, Judge Crone wrote.
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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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