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

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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.

 

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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