Legal Opinion

Verdyer Clark v. State of Indiana

Indiana Court of Appeals

Decided December 7, 2012No. 49A04-1202-CR-66PublishedCited by 3 opinions

1Opinion of the Court

OPINION

MAY, Judge.

Verdyer Clark was convicted of battery as a Class D felony pursuant to a statute that required the State to prove the battery caused injury to a person less than fourteen years old and was committed by a person at least eighteen years old. 1 Clark argues the State did not prove its case because the only evidence it offered to prove he was over eighteen at the time of the crime was inadmissible hearsay. We reverse and remand so that the State may decide whether to retry Clark.

FACTS 2 AND PROCEDURAL HISTORY 3

On March 9, 2012, Deanna Drain left her infant at home in Clark’s…

2Cases cited20 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Davis v. WashingtonSupreme Court of the United States · 2006
  4. White v. IllinoisSupreme Court of the United States · 1992
  5. Lockhart v. NelsonSupreme Court of the United States · 1988

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3Cited by3 opinions

  1. Verdyer Clark v. State of IndianaIndiana Court of Appeals · 2013
  2. Alejandro Gomez-Aviles v. State of IndianaIndiana Court of Appeals · 2013
  3. Jeffrey S. Morris v. State of IndianaIndiana Court of Appeals · 2018

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