Halston Thomas v. State of Indiana
966 N.E.2d 1267
Ind. Ct. App.2012Background
- Thomas was convicted of murder and carrying a handgun without a license after trial before a Marion Superior Court judge and jury.
- Gordon refused to testify; the State read Gordon’s deposition into evidence over Thomas’s objection.
- Crossley and Gordon testified inconsistently with Thomas’s trial testimony; Crossley corroborated some facts.
- Detective Prater later connected the shooter to the incident as Halston Thomas via statements from Hall and Gordon’s deposition.
- Stone provided information to Detective Prater about threats against a witness, which related to the case.
- The central issue is whether Gordon’s deposition was admissible under Crawford and Howard, given the deposition’s discovery nature and the opportunity to cross-examine the witness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Gordon’s deposition under Crawford | Thomas: deposition undisputedly discovery; Crawford not met | State: deposition testimonial and available cross-examination satisfied Crawford | Gordon’s deposition admissible; Crawford satisfied |
Key Cases Cited
- Howard v. State, 853 N.E.2d 461 (Ind. 2006) (deposition can be testimonial; opportunity to cross-examine key)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Sixth Amendment confrontation requires opportunity for cross-examination for testimonial evidence)
- Maryland v. Craig, 497 U.S. 836 (U.S. 1990) (opportunity to confront must be full and fair)
- Kendrick v. State, 947 N.E.2d 509 (Ind. Ct. App. 2011) (discretion to admit prior recorded testimony)
- Garner v. State, 777 N.E.2d 721 (Ind. 2002) (precedent on admissibility of prior testimony)
- Jackson v. State, 735 N.E.2d 1146 (Ind. 2000) (harmless error standard for confrontation violations)