13 N.E.3d 939
Ind. Ct. App.2014Background
- Kevin Davis was convicted by bench trial of Class A felony robbery resulting in serious bodily injury.
- Taylor was assaulted after a confrontation with Davis and Tajh Johnson in August 2011, suffering multiple injuries.
- L.H. identified Davis as one of the two robbers after speaking with officers at Dorothy's home.
- Dorothy and A.D. provided depositions after being declared unavailable; the court admitted their depositions.
- DNA and physical evidence linked Davis to the crime scene, including blood on his shoes and a brick with Taylor's DNA.
- The appellate court affirmed the conviction after analyzing admissibility of prior statements, depositions, and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of L.H.’s out-of-court identification | State argues identification was admissible under 801(d)(1)(C). | Davis contends L.H. did not perceive the robbery; statement unreliable. | Admissible; weight for credibility, not admissibility. |
| Admission of depositions of Dorothy and A.D. | State showed unavailability and reasonable efforts to procure attendance. | Davis argues improper finding of unavailability; depositions should not be admitted. | Proper exercise of discretion; unavailability established. |
| Sufficiency of the evidence to convict | Evidence linked Davis to robbery/beating through multiple sources. | Without L.H. deposition and depositions, evidence weak. | Evidence sufficient to sustain conviction. |
Key Cases Cited
- Kendall v. State, 790 N.E.2d 122 (Ind. Ct. App. 2003) (evidentiary reliability and identification Rule 801(d)(1)(C))
- Robinson v. State, 682 N.E.2d 806 (Ind. Ct. App. 1997) (police testimony about witness identification after recantation acceptable)
- Berkman v. State, 976 N.E.2d 68 (Ind. Ct. App. 2012) (unavailability and prior testimony as hearsay exception 804(b)(1))
- Johnston v. State, 517 N.E.2d 397 (Ind. 1988) (precedent on admission of prior testimony)
- Tiller v. State, 896 N.E.2d 537 (Ind. Ct. App. 2008) (unavailability due to witness nonpresence and service efforts)