Ludina Roshida Wallace v. State of Indiana
2017 Ind. App. LEXIS 307
| Ind. Ct. App. | 2017Background
- Incident: Aug. 16, 2015 altercation outside Michael Jackson’s home between Deja Cline and Ludina Wallace while a toddler (their child) was present; Wallace discharged a .380 handgun and Cline was grazed.
- Jackson (father) called 9-1-1 during the disturbance; recording captured shouting, direction to "get your gun," and encouragement to shoot; much of the call is unintelligible due to background yelling.
- Police recovered two .380 shell casings and Cline’s car keys (thrown onto a neighbor’s roof); Cline declined medical treatment.
- Charge and trial: State charged Wallace with criminal recklessness; Wallace asserted self-defense; bench trial found Cline more credible and convicted Wallace of criminal recklessness as a Class A misdemeanor (one-year suspended sentence).
- Evidentiary dispute on appeal: Wallace challenged admission of the 9-1-1 recording on hearsay, Confrontation Clause, and unfair prejudice grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility under hearsay rules | Recording admissible as present-sense impression or excited utterance | Recording is inadmissible hearsay absent an exception | Trial court did not abuse discretion; recording fits excited-utterance exception |
| Sixth Amendment Confrontation Clause | Statements were nontestimonial emergency reports; admission did not violate confrontation rights | Statements were testimonial and admitting them without Jackson denying cross-examination violated rights | Statements were nontestimonial under Davis/Crawford framework; no confrontation violation |
| Unfair prejudice under Evid. R. 403 | Recording was probative of who was escalating and aided credibility assessment | Recording was unduly prejudicial and prejudiced Wallace’s ability to rebut without invoking Fifth Amendment | Probative value not substantially outweighed by unfair prejudice; no reversal |
| Standard of appellate review | N/A | N/A | Admission reviewed for abuse of discretion; court defers to trial court credibility findings |
Key Cases Cited
- Gayden v. State, 863 N.E.2d 1193 (Ind. Ct. App. 2007) (admissibility reviewed for abuse of discretion)
- Teague v. State, 978 N.E.2d 1183 (Ind. Ct. App. 2012) (elements and reliability of excited utterance explained)
- Collins v. State, 873 N.E.2d 149 (Ind. Ct. App. 2007) (applying Davis nontestimonial test to 9-1-1 statements)
- Davis v. Washington, 547 U.S. 813 (2006) (distinguishes testimonial vs. nontestimonial emergency statements)
- Crawford v. Washington, 541 U.S. 36 (2004) (testimonial statements require unavailability and prior cross-examination)
- Bryant v. State, 984 N.E.2d 240 (Ind. Ct. App. 2013) (Evid. R. 403 balancing is within trial court discretion)