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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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