November 12, 2011
On November 10, 2011, the Indiana Court of Appeals affirmed the trial court's decision entering a judgment in favor of a criminal defendant in
State of Indiana v. Ferguson, Cause No. 40A05-1106-MI-271. Why was judgment entered in the defendant's favor? Because the State did not file its witness & exhibit list by the court-ordered deadline.
less..
The State filed a complaint for forfeiture of seized property in the Marion Superior Court. The matter was set for trial and the order setting the trial date also stated that witness and exhibit lists must be filed seven days prior to trial. Because of a calendaring error, the State filed its witness and exhibit list six days before trial.
The defendant moved to have all of the State's witness and exhibits excluded. The trial court granted that motion and entered judgment for the defendant. The State appealed.
The Court of Appeals held that the trial court did not abuse its discretion when it excluded the State's evidence.
Although the filing was only one day late and was not meant to frustrate or delay the trial, the State was on notice that an untimely filing would result in the exclusion of the evidence.
The State further failed to make an offer of proof, thereby depriving both the trial court and the Court of Appeals of the opportunity to determine prejudice.
In sum, the State was fully aware that untimely filing of its witness and exhibit list would result in the exclusion of that evidence. Although the State's failure to timely file the list was due to an administrative mistake, the pre-trial order provided for the exclusion of that evidence. The State has not shown that the trial court abused its discretion when it imposed the consequences stated in the pre-trial order.
Therefore, the trial court's decision was affirmed.
Lesson:
- Double-check when a deadline is calendared; the courts may not forgive a mistake.
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