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Tuesday, August 12, 2014

Ind. Decisions - Supreme Court to hear case involving admissibility of cellphone records

Last Thursday the Indiana Supreme Court granted transfer in the case of Dustin E. McCowan v. State of Indiana, an April 23, 2014 COA opinion regarding the admissibility of cell phone records including the text messages, and the location of the calls that were made.

Dan Carden of the NWI Times has a story about the grant, including:

McCowan's Supreme Court appeal likely will focus on the admissibility of cellphone records purportedly showing McCowan at sites near where Bach's car and body were dumped on the date of the murder.

He also is expected to challenge Porter Superior Judge William Alexa's alleged bias in the case and the judge's refusal to provide jurors with McCowan's preferred instruction on a criminal defendant's presumption of innocence.

The Court of Appeals was unpersuaded by those arguments. It ruled 3-0 that McCowan's cellphone records were properly admitted, the judge was under no obligation to recuse himself and the presumption of innocence notice was covered by other jury instructions.

Posted by Marcia Oddi on August 12, 2014 08:15 AM
Posted to Ind. App.Ct. Decisions