ILNews

Transfer granted to confrontation issue

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer to five cases Aug. 14, including a case that asks whether a defendant has the right to confront the lab technician who prepared a certificate of analysis. The high court granted transfer to Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, in which the Indiana Court of Appeals in July affirmed Richard Pendergrass' convictions of child molesting. The appellate court ruled Pendergrass' Sixth Amendment right to confrontation wasn't violated with the admittance of a certificate of analysis regarding DNA samples. The documents prepared by the forensic biologist - who didn't testify at trial - weren't admitted to prove Pendergrass molested his daughter and fathered a child with her, but to provide context to a doctor's opinion. On Aug. 12, a separate Court of Appeals panel ruledRicky L. Jackson had the right to confront the lab technician who prepared a report stating he had cocaine in his system. The lab technician was on maternity leave and unable to appear in court. That panel decided a certificate of analysis used to prove an element of a charged crime constitutes a testimonial statement under Crawford v. Washington, so defendants should have the right to confront the lab technician.
The court also agreed to transfer Robert J. Pelley v. State, No. 71A05-0612-CR-726, a St. Joseph County quadruple murder case that justices heard arguments on Aug. 14. At issue in the appeal is whether appellate delays constitute "court congestion" or an emergency out of prosecutorial control as it relates to a defendant's speedy trial rights.

In Filter Specialists Inc. v. Dawn Brooks and Charmaine Weathers, and Michigan City Human Rights Commission, No. 46A05-0704-CV-203, the Indiana Court of Appeals reversed a trial court order affirming the decision of the Michigan City Human Rights Commission. The commission found Filter Specialists took adverse employment action against Dawn Brooks and Charmaine Weathers because they are African-American. The majority of the appellate court panel ruled the commission's decision wasn't supported by sufficient evidence. Judge Nancy Vaidik dissented, writing she would affirm the commission's decision but remand for a calculation of damages for Weathers. The Court of Appeals also concluded that Filter was subject to the commission's jurisdiction, the trial court properly joined the commission, and Brooks and Weather's failure to introduce a local ordinance into evidence wasn't fatal. The Supreme Court also agreed to hear City of East Chicago, Indiana v. East Chicago Second Century, No. 49A02-0608-CV-631, and Steve Carter v. East Chicago Second Century, et al., No. 49A02-0708-CV-722, as reported Monday in Indiana Lawyer Daily.
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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