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Judges: defendant should be able to confront witness

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The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.

In 2004, a state court convicted Antonio Jones of robbery and four counts of murder. There was little evidence connecting him to the crime except for the testimony of Lenzo Aaron, who took a plea deal that dropped the murder charges against him in connection to the crime. He claimed Jones participated in the robbery and murder of four people inside a Gary apartment.

Jones challenged Aaron’s credibility and the state was allowed to present testimony from a detective detailing the tip that led to Jones’ arrest. The tip came from Jeffrey Lewis, the brother of another man who was allegedly there during the incident. Lewis told detectives what his brother had told him about the crimes. Lewis was never called to testify and Jones wasn’t able to confront him pursuant to the Sixth Amendment.

A split Indiana Court of Appeals rejected Jones’ argument that his Sixth Amendment right to confront was violated. The District Court denied Jones’ habeas petition and also denied his request for a certificate of appealability.

In the 48-page opinion handed down Thursday in Antonio Jones v. James Basinger, No. 09-3577, the Circuit Court pointed out that the trial record shows that Jones repeatedly suffered violations of his Sixth Amendment right to confront Lewis and his informant. Lewis’ statement to police was allowed at trial to establish the truth of his out-of-court declarations, but it was really double-hearsay and testimonial.

Judge David Hamilton also noted that the trial court had correctly identified the governing legal rules in Crawford v. Washington, 541 U.S. 36 (2004), but unreasonably applied those rules in this case. The state court erred by applying a “course of investigation” exception to Jones’ case that was so excessively broad as to allow the admission of testimonial hearsay whenever a defendant attempts to challenge the strength of the evidence or the veracity of the prosecutor’s witness against him, Judge Hamilton wrote. The Circuit judges cited Bruton v. United States, 391 U.S. 123 (1968), and Tennessee v. Street, 471 U.S. 409 (1985), to support their holding.

The judges found the admission of the detective’s testimony regarding what Lewis had said was not a harmless error, as both the trial court and District Court had concluded.

“Both courts failed to apply the correct legal standard,” wrote Judge Hamilton. “Both seem to have simply imagined what the record would have shown without Lewis’ statement and asked whether the remaining evidence was legally sufficient to sustain a finding of guilt. That analysis ignores the significant prejudicial effect the error can have on a jury’s ability to evaluate fairly the remaining evidence.”

The U.S. Constitution demands that Jones have an opportunity to confront the informant if his statements to Lewis, as reported to the police detectives, are to be used as evidence against Jones. The Circuit judges ordered the District Court to grant Jones’ habeas petition, directing the state to release Jones within 120 days of the issuance of the mandate unless the state decides to retry Jones within that time.
 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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