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Supreme Court affirms admitting English transcript at trial

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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.

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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