Testing 123 Link


Testing 123 Link


204 S. Forsyth Street Franklin, IN 46131

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This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.

James Harold Higgason, III appeals his three convictions of murder.  He presents multiple issues for our review, which we restate as:

 (1) Whether the trial court erred when it denied Higgason’s motion to dismiss the charges against him because the State did not file the charges until twenty-four years after the murders were committed;

 (2) Whether the trial court abused its discretion when it denied Higgason's motion for mistrial when the judge identified Higgason as a participant in a phone call before the State had laid that foundation;

 (3) Whether the trial court abused its discretion when it admitted a recording of that phone call because (a) the recording did not meet the requirements of Indiana Evidence Rule 1002, also known as the Best Evidence Rule, and (b) the State did not lay a proper foundation for its admission; and

 (4) Whether the trial court committed reversible error when it responded to a jury question without first notifying counsel.

The scheduled panelists are Judge May, Judge Foley, and Senior Judge Najam. 

Event Details