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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT