ILNews

Women who dodged orders to appear at trial properly declared unavailable

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed a teen’s conviction of felony robbery, finding the trial court did not abuse its discretion in declaring two women unavailable for his trial and admitting their depositions at his trial.

Kevin Davis was charged with Class A felony robbery resulting in serious bodily injury after prosecutors alleged he and another man stopped Kevin Taylor on his bike, attempted to sell him marijuana, and then beat him with a brick when he refused. Taylor’s shoes, money, drugs and bicycle were stolen during the robbery.

Dorothy Davis, Kevin Davis’ biological aunt and adoptive mother, called police the day of the robbery and said a robbery had occurred in front of her house the night before. L.H., a cousin to Kevin Davis, told police that she was home at the time of the incident and identified Davis to the officer as one of the people who beat and robbed Taylor. Dorothy Davis allowed police to search her home, where police found Taylor’s shoes and a bottle of alcohol in the trash. A.D., Dorothy Davis’ daughter, had taken photos of the bloody scene on the cell phone, which she gave to police.

But when it came time for Kevin Davis’ trial, his mother and adopted sister refused to show up in court to testify, despite multiple requests and orders from the court. L.H. took the stand, but said she didn’t remember witnessing the robbery and didn’t remember anything associated with it. She denied identifying Kevin Davis as being involved.

The prosecution moved to admit Dorothy Davis and her daughter’s depositions because they made themselves unavailable for trial. The trial court admitted them over Kevin Davis’ objections and he was convicted as charged.

On appeal, the Court of Appeals agreed that the two women made themselves unavailable for trial so there was no abuse by the trial court to admit their depositions. Dorothy was held in contempt for not appearing, and still did not show up at trial when ordered. When police went to her home, the people inside refused to open the door.

The judges also affirmed the admittance of L.H.’s prior statements to police. As she testified at trial, she was subject to cross-examination concerning her out-of-court statements, and the trial court was free to believe or disbelieve her testimony and assess her credibility.

Kevin Davis also argued there wasn’t sufficient evidence to support his conviction because the testimony admitted of his mother, adopted sister and cousin should not have been admitted, as well as the photos A.D. gave to police.  But L.H.’s statements to police were properly admitted, Taylor made an in-court identification of Davis as the person who started the robbery, and Davis had Taylor’s blood on his shoes and clothing.

The case is Kevin Davis v. State of Indiana, 49A05-1310-CR-523.

 

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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT