ILNews

Supreme Court affirms admitting English transcript at trial

Back to TopCommentsE-mailPrintBookmark and Share

English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.

In Noe Romo v. State of Indiana, No. 49S04-1009-CR-499, the justices had to decide whether a trial court committed reversible error by admitting as substantive evidence the three translation transcripts of the Spanish recordings between Noe Romo and a police informant. The recordings were made during drug transactions and Romo was later convicted of three counts of Class A felony dealing in cocaine or narcotic drugs.

Romo’s attorney made several unsuccessful objections to the state’s offer of the English transcripts into evidence. The trial court ruled the Spanish recordings wouldn’t be played because the jurors would likely not understand them. Romo’s appeal only challenged the admission of the English transcripts and not the refusal of the trial court to play the audio recordings to the jury.

The Indiana Rules of Evidence don’t address this exact issue, but Evidence Rule 1002 says that to prove the content of a writing, recording, or photograph, the original is required, with a few exceptions.

Indiana caselaw hasn’t touched on this specific issue either, with previous rulings dealing with transcripts of recordings that were both in English. Those rulings viewed the function of transcripts as an aid to assist a jury’s understanding of the actual recording and that the original recording must be submitted as proof of the contents of the recording. Justice Brent Dickson noted that Small v. State, 736 N.E.2d 742 (Ind. 2000), and Roby v. State, 742 N.E.2d 505 (Ind. 2001), left open the possibly of a more robust role for transcripts where recording is inaudible or indistinct.

The justices turned to federal rulings to find that English language translation transcripts of statements recorded in a foreign language, if otherwise admissible, may properly be considered as substantive evidence, citing United States v. Estrada, 256 F.3d 466 (7th Cir. 2001), and United States v. Placensia, 352 F.3d 1157, 1165 (8th Cir. 2003). They also held the admission into evidence of foreign language translation transcripts is not governed by Evidence Rule 1002.

“Although the defendant does not here focus on the trial court's refusal to play the Spanish recordings, in the exercise of our general supervisory authority, we determine that it is generally the better practice to play such foreign language recordings to the jury upon a reasonable request by a party,” Justice Dickson wrote. “Expediency undoubtedly results when a jury is spared from listening to foreign-language recordings, and practical usefulness is served by providing them instead with reliable English translations or translation transcripts. But we value even higher the capacity of jurors to apply their sensing and intuition faculties in reaching their determinations.”

The justices summarily affirmed the Indiana Court of Appeals on all other issues, and affirmed the judgment of the trial court.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

ADVERTISEMENT