State ex rel. Westfall v. Gerhard

REINHARD, Judge.

Prohibition. Gary Rawlins was charged with attempted stealing over $150.00 by deceit, a class D felony. On May 27, 1982, the case was assigned to defendant, the Honorable George R. Gerhard, for trial.

Before the trial commenced, Rawlins filed a motion in limine requesting that the trial court exclude evidence of telephone conversations between the victim and an unidentified caller, which he anticipated the state would offer. In the motion, Rawlins contends the phone conversations are inadmissible absent identification of the caller, are hearsay and “are not an exception to the…