Antonio L. Vaughn v. State of Indiana
13 N.E.3d 873
| Ind. Ct. App. | 2014Background
- Vaughn was convicted after a jury trial of two counts of Class A felony dealing in cocaine and one count of Class D felony maintaining a common nuisance; aggregate sentence 40 years with 20 executed and 20 suspended.
- CI conducted two controlled drug buys from Vaughn on Feb. 28 and Mar. 1, 2012 under police surveillance, with Vaughn handling cash and cocaine exchanges.
- Evidence included videos, photographs, and audio recordings of the buys; cocaine samples, chain-of-custody records, and officer testimony linked Vaughn to the transactions.
- The CI was not called to testify; evidence included recordings and photographs of Vaughn, and Detective Dooley testified about observations.
- Vaughn challenged evidentiary and instructional aspects, the sufficiency of the evidence, and the propriety of his sentence; the trial court’s rulings were upheld with a clerical correction requested for the sentence on the common nuisance conviction.
- The appellate court affirmed the convictions and remanded for correction of a clerical error in Vaughn’s sentence on the common nuisance conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause—admissibility of CI-related recordings and videos | CI did not testify; evidence was hearsay and violated confrontation | Videos, photos, and recordings were nonhearsay/non-testimonial or did not convey a statement by the CI | No Confrontation Clause violation; admission not error |
| Admission of cocaine and chain-of-custody evidence | Chain-of-custody/records lacked proper business-record foundation | Chain of custody established; business-record exception satisfied; Dooley’s testimony disclosed appropriately | Evidence admissible; chain-of-custody properly established |
| Judicial instructions on reasonable doubt and related deliberations | Final Instruction on reasonable doubt improper or confusing | Instructions were proper and supported by the record | Not reversible error; instructions proper as a whole |
| Sufficiency of the evidence to sustain two Class A cocaine deals and nuisance | Controlled buys, searches, and observed transactions support delivery and proximity to a park | Insufficient proof of delivery/source of cocaine and the nuisance element | Sufficient evidence supported convictions |
| Sentencing—clerical error and instructional impact on right to testify | Written sentence misstated the maximum for the nuisance conviction | Oral sentence reflected correct term; any error harmless | Clerical error in the written/sentencing order; remand for correction; no substantial prejudice |
Key Cases Cited
- Lane v. State, 997 N.E.2d 83 (Ind. Ct. App. 2013) (Confrontation Clause appraisal; non-testimonial statements exception)
- Williams v. State, 930 N.E.2d 602 (Ind. Ct. App. 2010) (Nonhearsay and nontestimonial purposes of CI recordings)
- Lehman v. State, 926 N.E.2d 35 (Ind. Ct. App. 2010) (CI recordings not hearsay if not offered for truth of matter asserted)
- Pritchard v. State, 810 N.E.2d 758 (Ind. Ct. App. 2004) (Video evidence not hearsay when not offered to prove assertion of declarant)
- McCotry v. State, 722 N.E.2d 1267 (Ind. Ct. App. 2000) (Chain-of-custody gaps go to weight, not admissibility)
- Holden v. State, 788 N.E.2d 1253 (Ind. 2003) (Jury may not disregard the law; instructional posture)