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Exclusion of money talk not a reversible error

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A trial court’s error in excluding explicit statements about money is not reversible and does not provide the grounds to overturn a drug conviction.

Marion Turner appealed his conviction for dealing in cocaine, as a Class A felony, arguing he was entrapped by a confidential informant working for the Indianapolis Metropolitan Police Department.

When Turner testified at trial, he attempted to repeat statements allegedly made by the C.I., but the state objected on hearsay grounds. Turner countered that since the C.I. was acting as an agent of the state, his statements were admissible as statements of a party-opponent, an exception to the hearsay rule addressed by Indiana Evidence Rule 801(d)(2).

The Indiana Court of Appeals agreed with Turner. It found the C.I. was acting on behalf of the state and that his statements could properly be considered non-hearsay pursuant to Evidence Rule 801.

The Court of Appeals then considered the consequences of the trial court’s error in sustaining the state’s hearsay objection.

Once the trial court ruled in favor of the state, Turner made an offer of proof that included the C.I. contacting him multiple times wanting cocaine. Turner initially refused but then the informant offered more money.

In Marion Turner v. State of Indiana, 49A05-1302-CR-59, the COA ruled that although the jury was not specifically advised that the C.I. had offered to increase the purchase price, they did hear Turner’s testimony that “the intensity was basically up the ante.”

From this, the COA found, the jury could have “reasonably interpreted” that the C.I. was offering more cash. In addition, Turner had stated his finances were deteriorating and there was no indication that the C.I. ever offered anything of a non-monetary nature to induce the transaction.

The Court of Appeals concluded that the exclusion of the C.I.’s specific statement offering more money was, at most, a harmless error.
 

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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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