Michael Bryant McDonald v. State of Indiana (mem. dec.)
48A02-1703-CR-662
| Ind. Ct. App. | Sep 6, 2017Background
- Michael McDonald pleaded guilty in 2012 to burglary, theft, and unlawful possession/use of a legend drug; received concurrent terms with two years executed and five years suspended to probation.
- While on probation, McDonald faced multiple new charges (invasion of privacy, residential entry, stalking) connected to his ex-girlfriend, Jaime Shaw, and admissions of several probation violations led to intermittent revocations and placement on Madison County Work Release.
- The State repeatedly petitioned to terminate his work release for violations including positive drug screens, absconding, failure to complete substance abuse evaluation, and alleged contact with Shaw in violation of no-contact orders.
- At the March 7, 2017 revocation hearing, Deputy Sheriff Derek Saylor testified about his February 11–12, 2017 investigation; he relayed statements Shaw made to him about McDonald repeatedly driving by, knocking on her back door, and parking near her home.
- McDonald objected to Deputy Saylor’s testimony as hearsay (and double hearsay); the trial court admitted the statements under the “reliable hearsay” standard applicable to probation revocation hearings and found McDonald violated his work release, ordering execution of the suspended sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by admitting hearsay at the revocation hearing | State argued hearsay was admissible in probation revocation proceedings if it bears substantial indicia of reliability | McDonald argued Shaw’s out-of-court statements were unreliable hearsay (challenging their trustworthiness because she is his ex-girlfriend) | Court held admission proper: Shaw’s statements had sufficient indicia of trustworthiness and the court did not abuse its discretion |
Key Cases Cited
- Reyes v. State, 868 N.E.2d 438 (Ind. 2007) (adopts the substantial trustworthiness test for hearsay in probation revocation proceedings)
- Cox v. State, 706 N.E.2d 547 (Ind. 1999) (probation revocation hearings may consider evidence bearing substantial indicia of reliability)
- United States v. Kelley, 446 F.3d 688 (7th Cir. 2006) (explains on-the-record justification for admitting reliable hearsay when live testimony is unavailable)