Hernandez v. State

I join in parts II and III of the Court’s opinion. However, I believe it was reversible error to permit Wallace to remain at the counsel table because Wallace did not meet the requirements of Evidence Rule 615(3) as an “essential witness.” I reach this conclusion for the reasons suggested by the majority in footnote 3. The trial court’s rulings as to the status of a potential witness as “essential” under Indiana Evidence Rule 615(3) are reviewed using an abuse of discretion standard. See Fourthman v. State, 658 N.E.2d 88, 90 (Ind.Ct.App.1995) (“[w]hether a witness fits in an exemption under…