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 have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.