Michael Gallagher v. State Indiana Book Reviews

Michael Gallagher v. State Indiana by Supreme Judicial Court of Massachusetts Book Summary

Michael Gallagher was arrested with William McBride for forging a doctors signature on a prescription for Talwin.[Footnote 1] The prosecution entered into a plea agreement with McBride in exchange for his testimony at trial against Gallagher. Record at 492-93. Less than a week before trial, defense counsel took the deposition of McBride in the presence of the state but Gallagher, the defendant, was absent. McBride was questioned only by defense counsel during the deposition. On the first day of the trial, McBride did not appear despite the issuance of a subpoena. On the second day, a police officer testified as to his inability to locate McBride and the state moved to admit the witness deposition pursuant to Indiana Rules of Procedure, Trial Rule 32. The deposition, which was the states only direct evidence against Gallagher, was admitted into evidence over the objections of defense counsel that T.R. 32 was not satisfied and that Gallaghers confrontation right was violated because he was never provided with the opportunity to confront McBride face-to-face. The jury convicted Gallagher of forgery and he appeals.

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Michael Gallagher v. State Indiana (Supreme Judicial Court of Massachusetts) Book Reviews 2024

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