Confrontation Clause

COA reverses blanket exclusion for testimony of eavesdropping officers

June 10, 2015
Jennifer Nelson
In a split decision, the Indiana Court of Appeals decided on interlocutory appeal that a trial court should not have issued a blanket exclusion order preventing all of the officers who eavesdropped on a defendant’s conversation with his attorney from testifying in any matter in the case.
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COA affirms admission of re-recorded videos in rape trial

February 13, 2015
Jennifer Nelson
A man convicted of raping his wife after drugging her – and recording several sexual encounters – could not convince the Indiana Court of Appeals that the wife’s recordings of the videos she found on her husband’s cellphone should not have been admitted at his trial.
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Defendant waived right to confront victim by not attending Skype deposition

February 13, 2015
Jennifer Nelson
A man’s rights under the Indiana Constitution were not violated when the state admitted his victim’s deposition acquired through Skype because the man chose not to be present during the deposition, ruled the Indiana Court of Appeals.
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Officer’s inclusion of victim’s statements did not violate Confrontation Clause

February 22, 2013
Marilyn Odendahl
The Indiana Court of Appeals has ruled that a police officer’s testimony that incorporated statements from the victim did not violate the defendant’s right to be confronted with the witnesses against him.
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Closed-circuit testimony not unconstitutional

March 27, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.
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COA: Hearsay evidence properly admitted

September 22, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.
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High court clarifies harmless error under Sixth Amendment

September 21, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a man’s case in order to address the application of harmless error to Sixth Amendment violations involving confronting those who create laboratory reports.
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Supreme Court takes 4 cases

September 21, 2010
IL Staff
The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.
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Booking card exception to hearsay rule

June 30, 2010
Jennifer Nelson
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
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AG wants Melendez-Diaz overturned

November 4, 2009
Jennifer Nelson
The Indiana Attorney General's Office is joining several states in co-authoring an amicus brief asking the Supreme Court of the United States to modify or overturn its decision in Melendez-Diaz v. Massachusetts
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Court split on if lab tech must testify

September 25, 2009
Jennifer Nelson
The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.
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SCOTUS: Lab techs must testify

January 1, 2009
Michael Hoskins
A decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.
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Court hears arguments in confrontation case

October 9, 2008
Jennifer Nelson
The Indiana Supreme Court heard arguments today in a case that asks whether the defendant had the right to confront the lab technician who performed the DNA testing relevant to the case.
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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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