Damon Dozier v. State of Indiana (mem. dec.)
49A02-1707-CR-1496
| Ind. Ct. App. | Dec 18, 2017Background
- Victim M.B., age 66, met Damon Dozier after leaving a liquor store; he accompanied her to her apartment and later she reported being raped and in extreme pain.
- Police responded twice to 911 calls; after initial contact M.B. was taken to the hospital where a forensic nurse (Baer) examined her and documented vaginal and anal tears consistent with blunt-force trauma.
- Forensic swabs collected at the hospital later matched Dozier’s DNA to seminal fluid from the victim.
- State charged Dozier with multiple counts including Level 1 and Level 3 rape; after bench trial the court convicted him of three counts of Level 3 rape (entry and double-jeopardy adjustments resulted in two convictions for sentencing), and he admitted habitual-offender status.
- At sentencing the court entered judgment on two counts and imposed concurrent enhanced terms producing a 15-year aggregate sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of forensic nurse’s testimony recounting M.B.’s statements | Nurse’s testimony admissible under medical-diagnosis/treatment hearsay exception to explain injuries and treatment decisions | Testimony was hearsay and unreliable because M.B. lacked recollection and statements could be untrue | Admissible: statements met both McClain/medical-exception prongs (declarant sought treatment; statements were pertinent to diagnosis/treatment) |
| Admissibility of first 911 call | 911 call admissible (excited utterance or present-sense impression argued) | Call was hearsay and should be excluded | Court admitted the first 911 call but appellate panel found any error harmless because evidence was cumulative in a bench trial |
| Sufficiency of evidence for Level 3 rape convictions | DNA match, nurse’s findings, victim’s statements and testimony established nonconsensual anal/vaginal intercourse | Defendant argued victim lacked independent recollection, encounter may have been consensual, and his statements suggested consent | Sufficient: reasonable factfinder could infer rape beyond a reasonable doubt based on physical injuries, victim testimony, and DNA match |
| Harmlessness of evidentiary error | N/A | N/A (defense argued admission of 911 was error) | Any error admitting the first 911 call was harmless in a bench trial and cumulative of other admissible evidence |
Key Cases Cited
- VanPatten v. State, 986 N.E.2d 255 (Ind. 2013) (victim statements to medical personnel satisfy medical-diagnosis hearsay exception and second-prong reliability)
- McClain v. State, 675 N.E.2d 329 (Ind. 1996) (two-prong test for medical-treatment hearsay exception: motive for truthful reporting and reasonable reliance by a medical expert)
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (appellate sufficiency review: do not reweigh evidence or assess credibility)
- King v. State, 985 N.E.2d 755 (Ind. Ct. App. 2013) (abuse-of-discretion standard for evidentiary rulings; appellate courts will not reweigh evidence)
- Johnson v. State, 539 N.E.2d 949 (Ind. 1989) (victim testimony plus defendant’s seminal fluid on victim supports rape conviction)