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[APPEALS] James O. Young vs. State of Indiana 20A04-1112-CR-699
Start Date: 10/22/2012Start Time: 10:30 AM
End Date: 10/22/2012End Time: 11:10 AM
Entry Description

James Young appeals his conviction for Class D felony domestic battery and Class D felony strangulation following a jury trial.  Young’s wife, the victim, did not testify at trial, but two firefighters and a police officer who had spoken with her at or near the time of the incidents involved were allowed to testify concerning the substance of the statements she made to them.

Young presents the following issues for review on appeal: (1) whether the firefighters’ and police officer’s testimony regarding the victim’s statement to them was a violation of the Confrontation Clause within the Sixth Amendment of the Constitution of the United States or permissible questioning during an ongoing emergency; (2) whether the trial court abused its discretion in concluding that the victim’s statement to the police officer, more than 45 minutes after the incidents, was an excited utterance; and (3) whether there was sufficient evidence to prove that Young committed the offenses in a child’s physical presence so as to elevate the domestic battery offense to a Class D felony.

The Scheduled Panel Members are Judges Vaidik, Mathias, and, Barnes.

Location:
Allen Superior Courtroom No. 1
715 S. Calhoun Street
Fort Wayne, Indiana 46802
Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Email: martin.deagostino@courts.in.gov
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Entry Type:
Event
Entry Category:
  • Oral Arguments
  • IN.gov Category:
  • Law & Justice
  • Agency Name
    Courts, Indiana

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