Joshua King v. State of Indiana
2013 Ind. App. LEXIS 85
| Ind. Ct. App. | 2013Background
- C.M., the mother of King's child, reported an attack by King at her apartment complex and police recovered the child.
- Officer Rossman spoke with C.M. at the leasing office, then located King at the apartment with the child and arrested him.
- At the hospital, C.M. described a violent assault including pushing, kneeling, attempted strangulation, and threats about her pregnancy.
- The State charged King with two counts of Class C felony battery and one count of Class D felony strangulation.
- While jailed, King made calls to C.M. discussing the crime; the State introduced these recordings at trial.
- The court found King guilty of Class C felony battery, Class A misdemeanor battery as a lesser included offense, and Class D felony strangulation, with a four-year sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause admissibility of Rossman testimony | King | King | Admissible; non-testimonial under ongoing-emergency framework |
| Admissibility of jailhouse call recordings | King | King | Admissible; recordings involve discussion of the charged crime |
| Abstract of Judgment error | State | King | Remand to correct Class of second battery from C to A misdemeanor |
Key Cases Cited
- Lindsey v. State, 916 N.E.2d 230 (Ind. Ct. App. 2009) (standard for evidentiary abuse review)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (testimonial vs non-testimonial statements in police encounters)
- Turner v. State, 953 N.E.2d 1039 (Ind. 2011) (determinates non-testimonial purpose factors)
- Martin v. State, 885 N.E.2d 18 (Ind. Ct. App. 2008) (zone of danger and ongoing emergency considerations)
- Baer v. State, 866 N.E.2d 752 (Ind. 2007) (admissibility of jailhouse-recorded conversations when discussing the charged crime)
- Cole v. State, 970 N.E.2d 779 (Ind. Ct. App. 2012) (harmless error when hearsay is cumulative of admissible evidence)