Wade v. State

• Docket Number: 23A-CR-274
• Decision Date: 15 December 2023
• Parties: Cameron O'Brien Wade, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

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Cameron O'Brien Wade, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

No. 23A-CR-274

Court of Appeals of Indiana

December 15, 2023

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case.

Appeal from the Noble Circuit Court The Honorable Michael J. Kramer, Judge Trial Court Cause No. 57C01-2201-F5-1

ATTORNEY FOR APPELLANT Jeffrey S. Arnold Columbia City, Indiana

ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana Steven J. Hosler Deputy Attorney General Indianapolis, Indiana

Judges Bailey and Tavitas concur.

MEMORANDUM DECISION

Riley, Judge.

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STATEMENT OF THE CASE

[¶1] Appellant-Defendant, Cameron O'Brien Wade (Wade), appeals his conviction for domestic battery, a Level 5 felony, Ind. Code § 35-42-2-1.3(a)(1); criminal confinement, a Level 6 felony, I.C. § 35-42-3-3(a); interference with the reporting of a crime, a Class A misdemeanor, I.C. § 35-45-2-5(3); and disorderly conduct, a Class B misdemeanor, I.C. § 35-45-1-3(a)(2).

[¶2] We affirm.

ISSUE

[¶3] Wade presents this court with one issue on appeal, which we restate as: Whether the trial court abused its discretion by admitting evidence pursuant to a mutually agreed upon stipulation.

FACTS AND PROCEDURAL HISTORY

[¶4] In the early morning hours of January 9, 2022, the dispatch officer at the Kendallville Police Department received a 911 call that hung up. After returning the call and determining its origin, two officers were dispatched to the residence. Patricia Wade (Patricia), Wade's grandmother, answered the door. She appeared agitated, and she was talking quickly, "stuttering over her words, [and] shaking." (Transcript Vol. II, p. 123). She had marks on the left side of her face underneath her left eye and on the left side of the bridge of her nose. Wade, who was agitated and inebriated, began yelling at Patricia. While one of the officers took Wade outside, the other officer remained with Patricia who advised him that, during an argument with Wade, Wade wrestled her for

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control of the phone. He pushed Patricia to the floor, helped her up, shook her "like a rag doll," and sat her on a couch, ordering her not to get up and checking on her periodically to make sure she was still seated. (Tr. Vol. II, p. 126). Eventually, Patricia was able to reach a phone and call 911. Wade stopped her before dispatch answered, which caused dispatch to return the call.

[¶5] While Patricia informed one of the officers about Wade's conduct, the other officer had taken Wade outside, where Wade became "loud and boisterous." (Tr. Vol. II, p. 115). The officer warned Wade twice to quiet down or he would be charged with disorderly conduct. Despite the warnings, Wade continued to yell, and he was placed under arrest. After Wade was handcuffed and placed in the officer's vehicle, Wade proceeded to strike the window of the car with his head.

[¶6] On January 10, 2022, the State filed an Information, charging Wade with Level 5 felony domestic battery, Level 6 felony criminal confinement, Class A misdemeanor interference with reporting a crime, and Class B misdemeanor disorderly conduct. The trial court initially scheduled a jury trial for November 3, 2022, but trial was rescheduled after the victim was hospitalized. On November 2, twenty days before the rescheduled jury trial on November 22, 2022, Wade and the State executed and submitted an "Exhibit Stipulation" (Stipulation) to the trial court. The Stipulation stated that the parties agreed that "[u]pon motion of either party the following item of evidence shall be admitted into evidence during the trial of the cause herein without objection by either party:"

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Exhibit 1	Initiating call to Kendallville Dispatch
Exhibit 2	Return call from Kendallville Dispatch
Exhibit 3	Officer Custer's body camera
Exhibit 4	Officer Custer's body camera
Exhibit 5	Officer Fretz's body camera
Exhibit 6	Officer Fretz's body camera
Exhibit 7	Officer Fretz's body camera
Exhibit 8	Officer Fretz's body camera
Exhibit 9	Officer Fretz's body camera
Exhibit 10	Photograph of [Patricia]
Exhibit 11	Photograph of [Patricia]
Exhibit 12	Photograph of Wade residence
Exhibit 13	Phone call between Officer Fretz and Patricia
Exhibit 14	Phone call between Wade and Patricia
Exhibit 15

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