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No error in admitting deposition testimony of witness

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The Indiana Court of Appeals found the trial court did not err in admitting the deposition testimony of a witness in a murder case who refused to testify at trial and whom the defendant had a chance to examine at the deposition.

Channing Gordon was in an apartment building when he saw Halston Thomas enter with a gun. Gordon ran into an apartment and heard multiple gunshots. Andre Drake died from his injuries. Gordon was called to testify but refused to do so. The trial court then granted the state’s request to read Gordon’s deposition testimony into evidence. Thomas was convicted of murder.

In Halston Thomas v. State of Indiana, No. 49A02-1109-CR-830, Thomas argued that this deprived him of his constitutional right to confront Gordon because he didn’t have an adequate opportunity to confront and cross-examine him. He claimed the deposition was discovery and not testimonial. The appellate judges cited Howard v. State, 853 N.E.2d 461 (Ind. 2006), in their decision to uphold the murder conviction.

Thomas claimed he didn’t have the ability to confront Gordon at his deposition because the scope of the defense counsel’s questioning of Gordon was strictly limited by Gordon’s counsel. His attorney clearly intended to not question Gordon in-depth at the time, but he did have the opportunity to do so, wrote Judge Ezra Friedlander.

The state established that Gordon was unavailable to testify at trial and that Thomas had an opportunity to cross-examine Gordon at the deposition, which was testimonial in nature, the judges ruled. Even if the judges were to assume that the requirements of Crawford v. Washington, 541 U.S. 36, 68 (2004), weren’t met, any error in admitting the deposition was harmless.

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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