Christopher C. Norris v. State of Indiana

53 N.E.3d 512, 2016 WL 1640241, 2016 Ind. App. LEXIS 123
CourtIndiana Court of Appeals
DecidedApril 26, 2016
Docket02A03-1507-CR-841
StatusPublished
Cited by17 cases

This text of 53 N.E.3d 512 (Christopher C. Norris v. State of Indiana) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christopher C. Norris v. State of Indiana, 53 N.E.3d 512, 2016 WL 1640241, 2016 Ind. App. LEXIS 123 (Ind. Ct. App. 2016).

Opinion

RILEY, Judge.

STATEMENT OF THE CASE

[1] Appellant-Defendant, Christopher C. Norris (Norris), appeals his conviction for battery, a Level 5 felony, Ind.Code § 35-42-2-1.

[2] We affirm.

ISSUES

[3] Norris raises four issues on appeal, which we restate as:

(1) Whether the trial court erred in determining that J.B. was unavailable to testify as a protected person pursuant to I.C. § 35-37-4-6(e)(2)(B)(i);
(2) Whether the trial court abused its discretion by admitting the videotaped forensic interview of J.B. at trial, together with the testimony of three other witnesses;
(3) Whether the trial court abused its discretion by admitting vouching testimony; and
(4) Whether the trial court erroneously allowed the drumbeat repetition of J.B.’s allegations by various witnesses.

FACTS AND PROCEDURAL HISTORY

[4] In August of 2014, Nicole Pappas (Pappas) and her son, four-year-old J.B., started living with Norris in Norris’ residence. Norris had two biological sons from different relationships, thirteen-year-old C.N. and five-year-old B.H., with whom he had regular visitation. At some point during that month, B.H. saw Norris spanking J.B. “a lot.” (Transcript p. 168). B.H. asked his father “to stop spanking J.B. [but] he didn’t.” (Tr. p. 170). C.N. also saw Norris “spank J.B. really hard” and noticed that J.B.’s buttocks were “black and purple.” (Tr. pp. 237, 235).

[5] On August 23, 2014, Norris and Pappas took the three boys to a neighborhood park with a water playground for children. While at the park, someone took a photo of J.B. and posted it to Twitter. Eric Bennett (Bennett), J.B.’s father, saw the photo and believed that JJB.’s face looked swollen and that he might have a black eye. Bennett called the police. On August 25, 2014, Bennet went to Norris’ residence where police officers were al *517 ready present. After Bennett demanded to see his son, J.B. was brought outside. Bennett, J.B., and an officer stepped aside, and Bennett spoke with J.B. When Bennett attempted to pick up J.B., J.B. cried out “ow.” (Tr. p. 96). J.B. showed his father the bruises on his lower back and buttocks; Bennett also noticed fingerprints on the inside of J.B.’s arm as if somebody had grabbed him.

[6] The Department of Child Services (DCS) was summoned and family case manager Kim Gorman (FCM Gorman) arrived. FCM Gorman took photographs of J.B.’s injuries. J.B. told her that Norris had spanked him because he had kicked the dog in the face. When FCM Gorman spoke with Norris, Norris admitted to spanking J.B. because of the incident with the dog. J.B. was removed from the residence that day.

[7] The following day, on August 26, 2014, J.B. was examined by Dr. Thomas Kintanar (Dr. Kintanar), a family physician. Dr. Kintanar observed clear “hand-prints on [J.B.’s] buttocks” from an “extremely traumatic event” and bruising around the belt line and torso. (Tr. p. 145, 150). Dr. Kintanar also documented bruises on the arms, caused by J.B. being “grabbed quite forcefully by the arm and drug up.” (Tr. p. 146). Dr. Kintanar found fingerprint marks and bruises from hands on J.B.’s back and noticed that J.B. had a black eye.

[8] On October 24, 2014, the State filed an Information charging Norris with battery, a Level 5 felony. On January 8, 2015, the State filed its notice of intent to use statements of protected person, which the State amended on February 27, 2015. On April 10, 2015, the trial court conducted a hearing on the State’s motion and on April 21, 2015, the trial court found, in pertinent part, that J.B., the protected person,

is unavailable as a witness based upon the testimony of a psychologist as well as an additional witness (Pat Smallwood) specially trained to communicate with children such as the protected person in this case ([J.B.]).
The [e]ourt finds, based upon said testimony, that requiring the protected person to testify in the physical presence of [Norris] will cause the protected person to suffer serious emotional distress such that the protected person cannot reasonably communicate.

(Appellant’s App. p. 16). Finding sufficient indications of reliability, the trial court admitted J.B.’s videotaped forensic interview and permitted the State to call up to three additional witnesses to testify as to statements made to them by J.B., the protected person. On May 12 through May 14, 2015, the trial court conducted a jury trial. At the close of the evidence, the jury returned a guilty verdict. On June 8, 2015, Norris was sentenced to five years executed, with two years suspended to probation.

[9] Norris now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

I. Protected Person

[10] Norris contends that the trial court erred in its determination that J.B. was unavailable to testify pursuant to the provisions of the protected person statute, enacted at I.C. § 35-37-4-6. The decision to admit or exclude evidence is within a trial court’s sound discretion and is afforded great deference on appeal. Taylor v. State, 841 N.E.2d 631, 634 (Ind.Ct.App.2006), trans. denied. An abuse of discretion occurs where the trial court’s decision is clearly against the logic and effect of the facts and circumstances before,it or it misinterprets the law. Id. However, *518 “[a]t the same time, the protected person statute impinges upon the ordinary eviden-tiary regime such that we believe a trial court’s Responsibilities thereunder carry •with them what we recently called in another context ‘a special level of judicial responsibility.’” Carpenter v. State, 786 N.E.2d 696, 703 (Ind.2003).

[11] Indiana Code section 35-37-4-6 provides, in relevant part, that an otherwise inadmissible statement or videotape made by a protected person (here, a child under fourteen years of age) is admissible in criminal actions involving battery, as defined in I.C. § 34-42-2-1, if the following conditions are met:

(1) The court finds, in a hearing:

(A) conducted outside the presence of the jury'; and
'(B) attended by the protected person in person or by using a closed circuit television testimony [ ];
that the time, content, and circumstances of the statement or videotape provide sufficient indications of reliability.

(2) The protected person:.

(A) testifies at the trial; or
(B). is found by the court to be unavailable as a witness, for (1) of the following reasons:

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Cite This Page — Counsel Stack

Bluebook (online)
53 N.E.3d 512, 2016 WL 1640241, 2016 Ind. App. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-c-norris-v-state-of-indiana-indctapp-2016.