Childs v. State

I concur but write merely to add an observation with regard to the "fault" factor in violations of a separation order.

Although Jiosa v. State, 755 N.E.2d 605 (Ind.2001), was a 3-2 decision, it represents a pronouncement by our Supreme Court as to the current state of the law.

Be that as it may, it would seem that to place the focus of exclusion of a witness upon whether the witness or the party proffering the witness was somehow culpable misses the mark when the purpose of the separation order has been frustrated. As a general proposition, if the prospective witness's testimony has been…