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Court reverses felony convictions stemming from domestic incident

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The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.

Blanca Medrano took her infant child with her across the street from the apartment she shared with James Young and their two children. She was crying and had minor injuries, so firefighters asked her what was wrong. She told them that her husband had beaten her about 15 minutes ago and left with their other child. The firefighters called police, and an hour later, Elkhart City Police Corporal Laurie Stuff arrived. She interviewed Medrano, who at that point was no longer crying and seemed antsy to leave.

Stuff also saw bruising and redness on Medrano’s neck and saw the bandage put on her hand by the firefighters. Young arrived shortly after Stuff. Stuff spoke to him and Young said he and Medrano had gotten into a verbal argument. He was arrested and charged with Class D felony strangulation, based on what Medrano told Stuff; and Class D felony domestic battery, elevated from a misdemeanor because children were believed to be present.

Young was convicted of both counts. Medrano did not testify and could not be found for the trial, so the firefighters and Stuff testified regarding Medrano’s prior statements.

Young argues that even though Medrano’s statements to the firefighters were excited utterances, in this case, her statements violate his constitutional rights under the Sixth Amendment.

“…we hold that the primary purpose of the firefighters’ questioning of Medrano was to enable public, government assistance to Medrano in an ongoing emergency rather than to prove past events potentially relevant to future criminal prosecution. Therefore, the admission of Medrano’s statements to the firefighters did not violate Young’s confrontation rights under the Sixth Amendment of the U.S. Constitution,” Judge Paul Mathias wrote in James O. Young v. State of Indiana, 20A04-1112-CR-699.

The judges found that Medrano’s statements to Stuff were not an excited utterance as it had been nearly an hour before Stuff spoke to Medrano after the alleged battery, she was antsy to leave, and had stopped crying at some point. Stuff’s testimony that Medrano said Young had strangled her was the only evidence to support Young’s conviction. The judges reversed but found he could be subject to retrial on the charge.

There also isn’t sufficient evidence to show that the battery happened in front of the children, the judges found, so they ordered Young’s Class D felony domestic battery conviction reduced to a Class A misdemeanor.

 

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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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