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Rehearing sidesteps state’s claims in battery case

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On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.

In Verdyer Clark v. State of Indiana, 49A04-1202-CR-66, in addition to a social worker always being a declarant, the state argued that the Court of Appeals’ previous decision held “the age of the perpetrator is never pertinent to the medical diagnosis or treatment.”

The COA reversed Verdyer Clark’s Class D felony conviction of battery last year because the state was unable to prove that Clark was over 18 years old when he battered a child younger than 14. The state presented two documents from a social worker which both listed Clark as 23 years old.

The state claimed that the hearsay statements by the social worker were admissible because they were related to medical diagnosis or treatment. The Court of Appeals, however, found them inadmissible because the social worker was the declarant, not the person seeking diagnosis or treatment, and Clark’s age wasn’t pertinent to the diagnosis or treatment of the infant victim.

“Here, the record and argument did not permit us to decide whether a social worker would ‘always’ be a declarant in child abuse cases, and we did not so hold. We leave for another day the determination whether or when a social worker is a declarant in a child abuse case,” Judge Melissa May wrote.

“In our original decision we said only that the information in the record before us about Clark’s age had no ‘apparent relevance to a diagnosis of the child’s injuries.’ The relevance was not apparent because on appeal, the State offered no ‘explanation why information about Clark’s age might be relevant to a diagnosis of the child’s injuries,’” she continued.  “Again, a determination whether the age of a perpetrator is relevant to a child victim’s medical diagnosis or treatment is best left to another case.”
 

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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