Legal Opinion

Justin M. Hornby v. State of Indiana (mem. dec.)

Indiana Court of Appeals

Decided January 31, 2019No. Court of Appeals Case 18A-CR-1227Published

1Opinion of the Court

Kirsch, Judge.

[1] In this interlocutory appeal, Justin M. Hornby ("Hornby") appeals the trial court's denial of his request for a second deposition to be taken of the alleged victim in this case. He raises the following issue for our review: whether the trial court abused its discretion when it denied his request to depose the victim a second time.

[2] We affirm.

Facts and Procedural History

[3] On May 3, 2017, Hornby was charged with rape 1 as a Level 3 felony for allegedly raping R.C. On May 5, Hornby was appointed indigent counsel, who subsequently filed a "Motion to Take Deposition at Public…

2Cases cited4 opinions

  1. Crawford v. StateIndiana Supreme Court · 2011
  2. DePuy Orthopaedics, Inc. and Johnson & Johnson v. Travis BrownIndiana Supreme Court · 2015
  3. Thomas L. Hale v. State of IndianaIndiana Supreme Court · 2016
  4. Frank Jacobs v. State of IndianaIndiana Supreme Court · 2015

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