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Panel affirms robbery conviction in confrontation clause appeal

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A defendant who was denied the opportunity to cross-examine an expert witness who provided cell phone records placing him near the scene of a Morgantown bank robbery wasn’t deprived a fair trial, the Court of Appeals ruled Wednesday.
 
Joseph Everroad appealed his conviction of the June 2012 gunpoint robbery of a teller at First Merchants Bank after several witnesses identified him at trial as the man captured on video surveillance. In Joseph Everroad v. State of Indiana,  55A01-1303-CR-107, Everroad claimed his Sixth Amendment right to confront witnesses against him was violated when he was unable to challenge the credentials of the cell phone expert in the presence of the jury.

The witness explained a “legend” used to interpret cell phone records, but Everroad claimed the expert’s training and qualifications were insufficient.

“Everroad enjoyed the right to confront (the witness), who testified at trial and was subject to cross-examination. The legend to which he referred was not testimonial,” Judge Mark Bailey wrote for the panel in affirming the Morgan Superior Court. “Everroad has shown no deprivation of his Sixth Amendment right of confrontation.”



 

 

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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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