Jeffrey Embrey v. State of Indiana
2013 Ind. App. LEXIS 257
| Ind. Ct. App. | 2013Background
- Embrey was arrested in Evansville on March 22, 2012 after a fugitive task force executed a warrant at a home.
- During a protective sweep and search, officers found evidence of meth manufacture and that Embrey and a child resided there.
- Embrey was charged with Class B felony dealing in methamphetamine, Class C felony neglect of a dependent, and Class D felony maintaining a common nuisance.
- The State sought to introduce a National Precursor Log Exchange (NPLEx) record of ephedrine/pseudoephedrine purchases; Embrey challenged it as hearsay.
- The trial court admitted the NPLEx record; Embrey was convicted and sentenced to an aggregate ten years; he appeals asserting evidentiary error and insufficiency on the neglect conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NPLEx is admissible under the business records exception. | Embrey argues NPLEx is inadmissible hearsay. | State contends NPLEx fits business records exception. | NPLEx is admissible as a business record. |
| Whether evidence supports neglect of a dependent (Class C). | Embrey challenges sufficiency to prove Embrey’s dependent; he disputes paternity. | State asserts Embrey, as father, had a duty to care for the child. | Evidence supports that the child was Embrey’s dependent and neglected. |
Key Cases Cited
- In re Termination of Parent-Child Relationship of E.T., 808 N.E.2d 639 (Ind. 2004) (historical background of hearsay and business records exception)
- Boarman v. State, 509 N.E.2d 177 (Ind. 1987) (sponsor need not have firsthand knowledge; records kept in regular course of business)
- Williams v. Hittle, 629 N.E.2d 944 (Ind. Ct. App. 1994) (business records reliability based on routine record-keeping and duty to report)
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (sufficiency of evidence standard on appeal)
- Baker v. State, 968 N.E.2d 227 (Ind. 2012) (sufficiency review principle: do not reweigh credibility; reasonable inferences)
- Stewart v. State, 768 N.E.2d 433 (Ind. 2002) (weighing witness credibility is for the trier of fact)
- Jordan v. State, 656 N.E.2d 816 (Ind. 1995) (conflicts in testimony go to weight, not sufficiency)