Hutcherson v. State
2012 Ind. App. LEXIS 209
| Ind. Ct. App. | 2012Background
- Hutcherson charged with murder, murder in the perpetration of a robbery, attempted murder, robbery, aggravated battery, and battery for Jan 19, 2010 Gary incident.
- Detective Davis took Victor Lee's statement that Hutcherson admitted shooting and robbing two men.
- Lee is illiterate; he authenticated signatures but could not recall contents; prosecutor read the statement aloud to refresh memory.
- Trial court allowed reading the statement in front of the jury; Hutcherson objected only once overall.
- Jury convicted Hutcherson on several counts; trial court entered judgment on murder, attempted murder, and robbery.
- Appeal asserts confrontation-rights violation; State argues waiver by lack of contemporaneous objection; Hutcherson alternatively raises fundamental error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation rights violated by reading illiterate witness’s statement? | Hutcherson | State | No violation; cross-examination opportunity preserved. |
| Waiver via contemporaneous objection for the reading? | Hutcherson | State | Waived; only one objection raised; continuing objection not properly maintained. |
| Reading aloud required excusing jury to avoid prejudice? | Hutcherson | State | Error, if any, was harmless; evidence was cumulative. |
Key Cases Cited
- Brown v. State, 929 N.E.2d 204 (Ind.2010) (contemporaneous objection rule and waiver on appeal)
- Hayworth v. State, 904 N.E.2d 684 (Ind.Ct.App.2009) (continuing objections procedure)
- Morgan v. State, 445 N.E.2d 585 (Ind.Ct.App.1983) (weight vs. admissibility; cross-examination limits)
- Thompson v. State, 728 N.E.2d 155 (Ind.2000) (foundation for refreshing memory and Rule 612 considerations)
- Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause and testimonial statements)
- Williams v. State, 698 N.E.2d 848 (Ind.Ct.App.1998) (face-to-face confrontation; waiver of rights possible)
- Borders v. State, 688 N.E.2d 874 (Ind.1997) (harmful error analysis and harmless error standard)