Shawn Blount v. State of Indiana
2014 Ind. LEXIS 967
| Ind. | 2014Background
- Detective Smith observed a shooting at a motel, noting a man in a black hoodie as the shooter.
- Witnesses Rickee Brock and her young son identified Blount by nickname, prompting a photo array that led to Blount’s arrest.
- Blount admitted being at the motel and handling a gun but denied being the shooter, claiming another man with a similar alias did it.
- Detective Smith testified about Brock’s and the son’s statements identifying Blount, which defense objected to as hearsay but the court allowed in limited form as course-of-investigation evidence.
- The charging information alleged Blount possessed a firearm on or about November 1, 2012; the jury found him guilty and he was sentenced to 12 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Hearsay: admissibility of out-of-court identifications | Blount argues Brock and son’s statements were hearsay and improperly admitted | State contends statements were non-hearsay as course-of-investigation | Error in admission, but harmless |
| Variance between charging information and proof | State allegedly used evidence of conduct beyond the charged date | Blount contends fatal variance prevented convicting as charged | No fatal variance; sufficient evidence supported guilty verdict |
Key Cases Cited
- Craig v. State, 630 N.E.2d 211 (Ind. 1994) (three-part test for hearsay and non-hearsay purposes)
- Kindred v. State, 973 N.E.2d 1245 (Ind. Ct. App. 2012) (course-of-investigation evidence; risk of prejudice)
- Jones v. Basinger, 635 F.3d 1030 (7th Cir. 2011) (limit of course-of-investigation testimony; prejudice concerns)
- Hernandez v. State, 785 N.E.2d 294 (Ind. Ct. App. 2003) (prejudice from out-of-court assertions about defendant)
- Ealy v. State, 685 N.E.2d 1047 (Ind. 1997) (identification and prejudicial out-of-court statements)