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Around 2:00 a.m. on June 22, 2023, police were dispatched to the South Bend home shared by Larry Kubsch and M.S.  South Bend Police Officer Rosie Staatz arrived at the scene within five minutes of the dispatch and spoke with M.S., who was upset and crying.  Officer Staatz’s body camera recorded M.S.’s statements about what happened, and police arrested Kubsch based on M.S.’s report and injuries.  The State charged Kubsch with Class A misdemeanor domestic battery.  M.S. did not appear to testify at trial.  During Officer Staatz’s testimony, the State offered into evidence footage from Officer Staatz’s body camera in which M.S. gave her report.  Kubsch challenged the admission of that evidence as hearsay, and the State argued the evidence was admissible under the hearsay exception for an excited utterance.  The court admitted the footage from the body camera and, after testimony from Kubsch, found Kubsch guilty of domestic battery.  On appeal, Kubsch argues the trial court abused its discretion by admitting the footage from the body camera as an excited utterance, and he argues the State presented insufficient evidence to support his conviction of domestic battery.     

The scheduled panelists are Chief Judge Altice, Judge May, and Judge Vaidik. 

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