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Friday, June 01, 2007
Ind. Decisions - "Appeals court agrees evidence was suppressed in Julian's trial"
Yesterday's NFP ruling in the case of State of Indiana v. Billy Wayne Julian (see ILB entry here - it is the last summarized opinion) is the subject of a story today in the Anderson Herald Bulletin. Some quotes from the story by Stacey Grosh:
Authorities knew that Brooks had been on in-home detention the night of the fire and, according to the Madison County Probation Department, Brooks never left his home that night. On four occasions, Julian’s attorney had filed requests for Brooks’ criminal history. It was finally supplied after a search of the Madison County Sheriff’s Department database. No reference to Brooks being on in-home detention was noted, although it was a part of city records.“The State’s failure to provide a complete criminal history amounts to suppression of this information,” according to the ruling. The prosecutor’s office has a “duty to disclose evidence favorable to a criminal defendant.”
In May 2006, Circuit Court Judge Fredrick Spencer granted Julian’s post-conviction relief request after an Elwood Probation Department employee testified that its records indicated Brooks was home the night of the fire.
Posted by Marcia Oddi on June 1, 2007 01:13 PM
Posted to Ind. App.Ct. Decisions