ILNews

No error in admitting testimony of domestic violence expert

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The Indiana Court of Appeals ruled that the admission of testimony by a domestic violence expert at trial did not violate four of Indiana’s evidence rules, as the defendant argued.

In Brian Otte v. State of Indiana, No. 84A01-1108-CR-356, Brian Otte was convicted of Class D felony residential entry; three counts of Class B misdemeanor battery; Class A misdemeanor criminal mischief; Class A misdemeanor operating a vehicle while intoxicated; Class B misdemeanor failure to stop after an accident resulting in damage to unattended vehicle; and being a habitual offender. Otte broke into his ex-girlfriend’s house, beat up her current boyfriend, and hit his ex-girlfriend, Colleen Amos. After leaving, Otte rammed his car into Amos’ several times.

Otte was charged Nov. 15, 2010; on March 15, 2011, he moved for a speedy trial. On April 29, the state moved for a continuance because two police officers would be out of town and unavailable for the May 19, 2011, trial date. Even after offering refunds to the officers for their vacations they would have to reschedule, one officer refused to move his vacation. The trial court granted the state’s motion and reset the trial for June 2.

At trial, after which defense asked Amos about domestic violence allegations she had made against Otte then recanted, the state introduced testimony from Yvonne Creekbaum, a domestic violence expert. She testified that victims of domestic violence routinely recant their stories.

On appeal, Otte challenged the admission of Creekbaum’s testimony and claimed his right to a speedy trial was violated.

The state made multiple attempts to secure the two officers at trial, but one was not amenable to rescheduling the vacation. Given the precedent permitting Criminal Rule 4(D) extensions for witnesses who are out of state and/or on long-planned vacations, the appellate court was satisfied that the extension was justified in the instant case.

The judges also ruled against Otte on his claims that Creekbaum wasn’t qualified under Indiana Evidence Rule 701 to give lay testimony; that Creekbaum was not qualified to be an expert witness under Rule 702; that Creekbaum’s testimony constituted impermissible vouching testimony pursuant to Rule 704(b); and that it was overly prejudicial pursuant to Rule 403.

Judge Nancy Vaidik concurred in result in a separate opinion, noting that she believed Creekbaum’s testimony was admissible under Rule 702 as syndrome evidence to help the jury understand why Amos recanted certain allegations she made against Otte. Battered Women’s Syndrome is a valid scientific theory under Rule 702, she wrote, so Creekbaum’s testimony regarding BWS is admissible.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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