Friday, November 05, 2004
Indiana Decisions - Transfer list for week ending November 5, 2004
Here is the Indiana Supreme Court's transfer list for the week ending November 5, 2004. For other recent lists, check "Indiana Transfer Lists" under "Categories" in the right column. No cases were granted transfer by the Supreme Court today.
Among the transfers denied was David R. Camm v. State of Indiana. On Aug. 10, 2004, the Indiana Court of Appeals ruled (see this ILB entry, 2nd case):
Conclusion. Camm was unfairly prejudiced by the introduction of extensive evidence and argument regarding his poor character, where the evidence regarding his philandering was not reasonably related to any proper purpose under Indiana Evidence Rule 404(b), including proof of motive. We reverse his three convictions for murder. Reversed.The LouisvilleChannel.com, WLKY32 had late coverage of this story this afternoon, headlined "Supreme Court Won't Reinstate Camm's Conviction: Appellate Court Overturned Guilty Verdict In August."
[Update 11/6/04] The Louisville Courier-Journal has lengthy coverage of this ruling today in a story headlined: "Indiana high court won't hear Camm case." Some quotes:
INDIANAPOLIS — The Indiana Supreme Court has refused to review a lower court's decision that overturned the murder convictions of former state trooper David Camm. The action makes it almost certain that Floyd County authorities will have to decide whether to retry Camm, who was convicted in 2002 of killing his wife and two children, or allow him to go free.
The attorney general's office, which has handled the case for the state during the appeal, could ask the U.S. Supreme Court to review it. But that is highly unlikely, said Staci Schneider, a spokeswoman for Attorney General Steve Carter.
For now, Camm remains in protective custody at the Indiana State Prison in Michigan City. But his attorney said yesterday that she planned to file a motion Monday to have him released. "I'm driving up to Michigan City Monday morning," said Katharine Liell, whose office is in Bloomington, "to drive David home."
She acknowledged, however, that a decision by Floyd County Prosecutor Keith Henderson to refile charges against her client would delay his release. In that case, said Liell, whose office defended Camm during the appeal, she would seek his release on bond as soon as possible.
Posted by Marcia Oddi on November 5, 2004 04:34 PM
Posted to Indiana Transfer Lists