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STATE v. OWINGS

No. 32SO5-9310-CR-1194.

622 N.E.2d 948 (1993)

STATE of Indiana, Appellant, (Plaintiff below) v. Bertha Jane OWINGS, Appellee. (Defendant below)

Supreme Court of Indiana.

October 29, 1993.

Attorney(s) appearing for the Case

Pamela Carter, Atty. Gen., Geoff Davis, Deputy Atty. Gen., Office of Indiana Atty. Gen., Indianapolis, for appellant.

Stephen A. Oliver, Boren & Oliver, Martinsville, Samuel S. Shapiro, Bloomington, for appellee.

ON PETITION TO TRANSFER

KRAHULIK, Justice.

We grant transfer to address whether Article I, Section 13 of the Indiana Constitution guarantees a criminal defendant the right to be present at a deposition if that deposition will be used in lieu of live testimony at trial.

Facts

Bertha J. Owings was charged with dealing in cocaine, a class A felony, Ind. Code Ann. § 35-48-4-1(b)(1) (West Supp. 1992), and trafficking with...

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