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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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