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Thursday, August 03, 2006

Ind. Decisions - The Ind. Court of Appeals and the U.S. Supreme Court

Michael Ausbrook of INCourts.com has just posted a fascinating entry on a Court of Appeals decision on July 14th in the case of Frye v. State. The entry is titled "Frye: Controlling Precedent--Do We Care?"

The ILB admits, with some embarrassment, that it skipped over (3rd case) Frye the day it came out because it looked boring.

Here is a sample from Michael's entry:

Back on July 18th, the Court of Appeals came out with Frye v. State. It's a Crawford case decided a month after the U.S. Supreme Court, in Hammon v. Indiana--the companion case to Davis v. Washington--, reversed the Indiana Supreme Court's decision in Hammon v. State.

The Court of Appeals does something in Frye that I don't think I've ever seen before: it goes through the Indiana Supreme Court's Hammon analysis, using it for precisely the proposition that SCOTUS rejected and reversed on 29 days previously. And I do not know whether it makes it better or worse that the Court of Appeals drops a footnote saying that it is aware of the SCOTUS decision, but the testimony at issue, it thinks, is non-testimonial within the meaning of the SCOTUS decision.

Here is the June 19 ILB entry reporting the U.S. Supreme Court's reversal of Hammon.

Posted by Marcia Oddi on August 3, 2006 12:50 PM
Posted to Ind. App.Ct. Decisions