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Published by the Indiana Office of Court Services

Carpenter v. State, No. 02A05-1309-CR-467, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2014).

August 28, 2014 Filed Under: Criminal Tagged With: Appeals, M. Massa

May, J.
While this is an issue of first impression in Indiana, a majority of the courts from other states that have considered the issue have held the prohibition against the admission of hearsay is not violated when mail found during an investigation is introduced at trial to demonstrate the defendant’s name and address were on mail found in a specific location. See State v. Peek, 365 S.E.2d 320, 322 (N.C. Ct. App. 1988); Hernandez v. State, 863 So.2d 484, 486 (Fla. Dist. Ct. App. 2004), rev. denied; Shurbaji v. Com., 444 S.E.2d 549, 551 (Va. Ct. App. 1994) (all finding mail introduced to show defendant had control of the premises was not hearsay but merely circumstantial evidence that defendant stored property at the residence).
For example, in Peek, the State found mail addressed to Peek during a legal search of Peek’s residence and introduced the mail at trial to prove Peek lived at the address. Peek objected to the evidence as hearsay. The court ruled that mail makes no assertion and, therefore, it was not hearsay. 365 S.E.2d at 322. The court reasoned that on its face, an address and name on an envelope asserts nothing, and that the sender’s conduct in addressing and mailing an envelope implies that the sender believes the addressee lives at that address. Id.
That reasoning leads us to conclude Carpenter’s mail was not hearsay. Carpenter objected to Exhibit 17 containing multiple pieces of mail addressed to “Lamont Carpenter” at “5040 Madiera Dr. Apt. E, Fort Wayne, IN 46815-7349.” (State’s Ex. 17.) When responding, the State said it was “not offering it to prove that this is a-if I may, a Parkview Health Bill for a particular form and the utility company. It is offering it to show that there is in fact an address[,]” referring to the address on the pieces of mail. (Tr. at 380.) As the mail was used as circumstantial evidence along with other evidence to prove Carpenter stored property at 5040 Madiera Drive Apt. E, it was not hearsay. See Peek, 365 S.E.2d at 322 (holding mail used to demonstrate possession of an apartment was not hearsay).
KIRSCH, J., and BAILEY, J., concur.

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