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Sunday, November 11, 2007
Ind. Decisions - "Court overturns Speybroeck's conviction"
A story today in the South Bend Tribune written by Nancy J. Sulok reports on the COA decision Friiday in the case of William J. Speybroeck v. State of Indiana. (see ILB summary here - 4th case), where the Court reversed the trial court ruling, and remanded for a new trial, on the basis of evidence erroneously admitted. From today"s story:
The appeals court ruled that the trial court erred in allowing the admission of documents that were not properly authenticated and did not satisfy the requirements for exception to the hearsay rule.An affidavit authenticating the documents was signed and dated on Oct. 23, 2006, but computer printouts that were part of the evidence were not created until Oct. 24, 2006, the appeals court noted.
The hearsay stems from the inclusion of paperwork from Kawasaki that was included in a file compiled by HSBC, the bank that handled the credit card. The court ruled that Speybroeck "had met his burden showing that no one at HSBC had the personal knowledge required for the business records exception to apply.''
The appeals court has sent the case back to Elkhart Superior Court for retrial.
Posted by Marcia Oddi on November 11, 2007 04:25 PM
Posted to Ind. App.Ct. Decisions