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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. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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