ILNews

Receipt from mom’s cab ride does not prove son was home alone

Back to TopCommentsE-mailPrintBookmark and Share

A trial court did not abuse its discretion when it excluded an undated taxi cab receipt that a LaPorte County man tried to offer as proof he did not participate in a robbery spree, the Indiana Court of Appeals has ruled.  

In Mario A. Allen v. State of Indiana, 46A04-1203-CR-143, the Court of Appeals affirmed Allen’s conviction for attempted robbery and robbery, both Class B felonies, and his adjudication as a habitual offender.

Police arrested Allen and his three friends at a motel in Chicago hours after the robbery of an Easy Food Mart. At trial, Allen maintained he was home alone the evening his friends put on masks, entered gas stations and demanded money.

On appeal, he argued the state abused its discretion by excluding his proffered exhibit of a receipt from the Flash Cab taxi company. He sought to introduce this document to establish a timeline and bolster his defense that he was home by himself.

Allen’s mother testified she got the receipt when she left work at 9 a.m. and took a cab to her car. She told the trial court she then drove home, picked up Allen and, together, they ran an errand.

The Court of Appeals noted even if the receipt had a date and time stamp, it would still be irrelevant to Allen’s theory of defense. That his mother took a cab is not relevant to determining if Allen was home alone.

Allen also argued the evidence was insufficient to sustain his conviction beyond a reasonable doubt. He asserted two of his friends, arrested for the same incident, were not credible witnesses because their testimony was part of a plea agreement.

Again, the Court of Appeals rejected Allen’s argument. The jury knew of the friends’ involvement and could decide how much weight and credibility to give their testimonies. Consequently, the court declined to invade the province of the jury.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

ADVERTISEMENT