Parent of Child Waived Into Adult Court May Fall Under “Essential Witness Exception”

Last week, the Supreme Court of Indiana decided in Harris v. State that the parent-witness of a child waived into adult court may be excluded from a witness-separation order if the child can show that under Indiana Evidence Rule 615(c), the parent-witness is essential to the presentation of the child’s defense. More specifically, the Court held the “essential witness exception” applies “if the juvenile defendant can show the parent has a ‘unique ability’ to assist in the presentation of the defense based on the parent’s intimate knowledge of the child or capacity to support the child during the proceedings."

Such a showing could include proof that the parent has intimate knowledge of the child’s case or may be uniquely able to help the child deal with his anxiety so he can fully participate in the trial. A few examples provided by the Court included a child who has special needs, struggles to communicate with his attorney, has minimal competency in understanding the proceeding, or needs a parent’s advice on how to proceed during the case.

Once the child establishes his parent has a unique ability to assist the child in the proceedings, the court must weigh the child’s need for assistance against the State’s interest in separating the parent as a witness to ensure the truth-seeking function of the trial. If the child’s need outweighs the State’s interest, a parent-witness may be excluded from a witness-separation order.

Unfortunately for Harris, he failed to raise the issue under Indiana Evidence Rule 615(c) at trial, so the claim was waived. On appeal, Harris also raised a due process claim, which was waived for the same reason.