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Officer’s inclusion of victim’s statements did not violate Confrontation Clause

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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.

Joshua King appealed his felony conviction, in part, on the grounds that the trial court violated his rights under the Confrontation Clause when it admitted testimony of Officer Philip Rossman.

King was found guilty of Class C felony battery, Class A misdemeanor battery as a lesser included offense of the second count of Class C felony battery, and Class D felony strangulation.

In Joshua King v. State of Indiana, 49A02-1204-CR-351, the Court of Appeals affirmed the conviction and remanded to the trial court to correct the abstract of judgment for erroneously listing King’s second battery conviction as a Class C felony. The COA found the trial court did not violate King’s rights under the Confrontation Clause. Also, the trial court did not abuse its discretion when it admitted recordings of calls King made to the victim from jail. 

On Jan. 30, 2012, Rossman responded to a domestic violence call at an apartment complex. At the leasing office, he met the victim who was still visibly shaken and described the incident. He then went to the apartment to speak to King and retrieve the victim’s 11-month-old son.

At trial, the victim did not take the witness stand, but Rossman testified as to what the victim had told him. King appealed, arguing the police officer’s testimony violated the Confrontation Clause because what the victim said to Rossman was testimonial.

Citing Davis v. Washington, 547 U.S. 813, 822 (2006), the COA noted when the purpose of the interrogation is to enable police to meet an ongoing emergency, the statements are considered non-testimonial and not subject to the Confrontation Clause.

The COA found the victim’s statements to be non-testimonial and admissible because of her demeanor, the proximity in time to the infliction of her injuries, and the immediate possibly of danger to her child.

The court dismissed King’s arguments that the trial court abused its discretion when it admitted statements from the apartment’s assistant manager and the nurse who treated the victim. The court held that any possible error in the admission of that evidence was harmless because the testimony of the two individuals was cumulative of Rossman’s testimony.
 
 

 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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