« Indiana Decisions - Trial Court Decides Bingo Rulemaking Flawed [Updated] | Main | Indiana Decisions - 7th Circuit Posts Four Today »

Wednesday, August 11, 2004

Indiana Decisions - News today

Several stories today on recent Indiana decisions.

The Indianapolis Star and a number of other news sources report on the Court of Appeals decision yesterday that:

threw out the murder conviction and 195-year prison sentence of a former State Police trooper found guilty of killing his wife and two children in 2000.

David R. Camm, 40, can be retried for the crimes, the three appeals court judges said Tuesday. They ruled that extensive testimony about Camm's extramarital affairs tainted the jury, had virtually nothing to do with the crime and should have been excluded. The court reiterated that evidence of someone's extramarital affairs isn't always admissible at trial.

See also the WNDU16 (South Bend) story here and the News 15 (Ft. Wayne) story here. The decision is David Camm v. State of Indiana (8/10/04 IndCtApp). Access the ILB entry here (2nd item).

"Police absolved in killings by man wrongly freed: St. Joseph County police not liable for crimes of suspect who didn't post bond, court rules," is the headline to this story today in the Star. Some quotes:

In what the Indiana Court of Appeals deemed a "tragic mistake," the St. Joseph County Police Department let Phillip Stroud out of jail without posting bond because someone typed the wrong information into a computer.

Two months later, in September 2000, Stroud killed three construction workers. He is now on Death Row.

Tuesday, a panel of the appeals court unanimously ruled that the Police Department cannot be held liable for mistakenly releasing Stroud because it is protected under government immunity laws.

The decision is St. Joseph County Police Department v. Estate of Wayne Shumaker, et al. (8/10/04 IndCtApp). Access the ILB entry here (3rd item).

The Munster Times reports today that East Chicago Mayor Robert Pastrick will ask the Indiana Supreme Court to reconsider its ruling last week. Some quotes:

Pastrick will petition the Indiana Supreme Court for a rehearing of Friday's ruling, which ordered a new 2003 Democratic mayoral primary in East Chicago.

"I'm drafting it as we speak," said George Patton, one of Pastrick's Indianapolis-based attorneys. "We plan to file it on Monday."

A petition for the rehearing of a Supreme Court ruling asks the justices to reconsider their decision.

At a special meeting today, Lake County's election board also will decide whether to appeal for a rehearing before the high court. The county's potential appeal could either seek clarification of the ruling or challenge its merits.

The decision is George Pabey v. Robert A. Pastrick (8/6/04 IndSCt). Access the ILB entry here.

Posted by Marcia Oddi on August 11, 2004 12:03 PM
Posted to Indiana Decisions