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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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