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Court of Appeals points to ‘alarming trend’ in defendant’s appeal

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A defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp rebuke from the Indiana Court of Appeals.

Carlos Hale appealed his conviction of robbery, a Class B felony, in Carlos Hale v. State of Indiana, 49A02-1202-CR-83. He argued the show-up identification was unduly suggestive and maintained the introduction of this evidence was a fundamental error.

A short time after a woman reported she had been robbed at gunpoint by two men outside her apartment, Indianapolis Metropolitan Police Department officers stopped a vehicle which contained Hale and three other men. Hale and Martell Stott matched the description provided by the victim.

Less than an hour after police stopped the vehicle, the victim was brought to the scene where she remained in the detective’s vehicle and viewed the four men, identifying Hale and Stott as the individuals who robbed her.

The victim subsequently identified Hale again during the trial without objection and the state presented evidence from the show-up identification. Hale was found guilty and sentenced to seven years.

The COA affirmed the trial court’s conviction. It found the lower court did not err by admitting the evidence of the show-up identification because the victim could clearly see Hale’s face during the robbery and she identified him soon after the incident.    

In addition, the court pointed out the defense counsel neither filed a pretrial motion to suppress the show-up identification nor did the defense counsel object to its admission at trial. An objection is required to preserve an error for review on appeal to give the trial court the opportunity to correct any errors before they become fundamental errors.

Writing for the majority, Judge John Baker highlighted the frequent misuse of the fundamental error doctrine.

“Nevertheless, this Court cannot ignore the alarming trend of questionable fundamental error claims,” Baker wrote. “For instance, it is not uncommon for a criminal defendant to argue on appeal that the introduction of evidence amounted to a fundamental error whenever the defendant failed to object to its admission at trial."




 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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