X-Rays: How to Get Them into Evidence.

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X-ray are essentially a type of photograph and are admissible if:

1.The x-rays are authenticated, and

2.The x-ray technician’s competence is shown.

The sponsoring witness must establish that the x-ray is a “true and accurate representation of the evidence portrayed.” Lewis v. State, 730 N.E.2d 686, 690-691 (Ind. 2000), citing to, Labelle v. State, 550 N.E.2d 752, 754 (Ind. 1990); Lewis v. State, 730 N.E.2d 686, 691 (Ind. 2000). In this regard, if the x-ray is shown to have been taken by a regular x-ray technician in a hospital, no further showing of the technician’s qualifications or the machine’s reliability is necessary. Howard v. State, 264 Ind. 275, 342 N.E.2d 604, 608–609 (1976). Typically, the doctor ordering the x-rays is familiar with the group takiing the x-rays and is able to vouch for their competency and reliability.

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About Richard A. Cook

Richard Cook graduated from Purdue University in the Economics Honor Program in 1979 and obtained his Juris Doctor degree from Valparaiso University School of Law in 1982. Following law school, Richard served as a federal law clerk in the U.S. District Court for the Northern District of Indiana, Hammond Division. In 1984, Richard began working as Deputy Prosecutor for the Lake County Prosecutor's Office and from there, served as Assistant U. S. Attorney for the Northern District of Indiana, South Bend Division. There he handled a number of complex criminal matters and jury trials. While there, Richard received the Chief Postal Inspector's Special Award and a letter of commendation from the U.S. Attorney General for his work prosecuting a major money order fraud scheme being perpetrated out of the Indiana State Prison system. Since leaving the U.S. Attorney's office in 1989, Richard has focused primarily on civil work and is currently a member of the firm Yosha Cook & Tisch in Indianapolis. Richard is also a member of the ITLA, IBA and the ABA, as well as, a fellow for the American College of Trial Lawyers. He is AV rated by Martindale-Hubbell.

Posted on September 26, 2013, in Uncategorized. Bookmark the permalink. Leave a comment.

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