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Thursday, September 20, 2007

Ind. Courts - More on: COA is hearing oral arguments at Allen County Courthouse; discussion of cameras in the courtroom follows

Updating this ILB entry from Tuesday, News Channel 15 (WANE) reports today:

The Indiana Court of Appeals made a stop in Fort Wayne Wednesday night when it heard a case from Allen County. * * *

Wednesday, the court heard a case in Superior Court II about whether the trial court properly suppressed evidence of a handgun found in a vehicle during a traffic stop for speeding and drunk driving. The trial court judge ruled the handgun evidence inadmissible, but the state is appealing that ruling. [ILB - the case is State of Indiana v. Charles Parham]

The Appeals Court will decide if the search of the car was legal, and therefore, if the handgun can be used as evidence in the trial. After hearing oral arguments from both sides for an hour, the three judges will discuss the case and issue a decision in the next 30-60 days. * * *

After the case was over, the judges answered questions from the audience about how the appellate system works. The Appeals Court will rule on around 3,000 cases a year, but will hear oral arguments on around 150 of them.

Because it was an Appeals Court case, NewsChannel 15 could take a camera inside the courtroom to record video. Right now, Indiana law allows cameras inside the Supreme Court and Appeals Court, but not any courtrooms on the trial level.

"With certain restrictions and guidelines from the trial court, I think it's a good idea," Allen County Superior Court Judge Fran Gull said. "We have here in Allen County beautiful courtrooms, wonderful attorneys and I get a front seat to see some of the most fascinating things that go on in the community. I think it's good to let the public see what it is the judiciary does in their community."

Indiana is in the middle of a pilot program for cameras in the trial court level. It started July 1, 2006 and ends in December. During the 18-month program, eight courts would allow cameras to come in if the judge, defense and prosecution all agreed to it. So far, only six cases actually let cameras in.

Even when the cameras do get in, the jury is not allowed to be taped.

"Jurors are not brought in voluntarily, so it's important to maintain their privacy," Gull said.

In most cases when cameras weren't allowed in, it was because the defense denied the request.

"I think there's a fear that the attorneys will grandstand and the courts will grandstand, or the judge will play to an audience and people won't get a fair trial, but when you look at other states that have cameras in the courtroom ... they are unobtrusive," Gull said.

Gull thinks the decision to let cameras in should lie with the judges, not lawyers.

"Judges can institute and adopt rules that will require decorum in the courtroom and maintain the privacy of things that need to be private," Gull said. "We have the ability to monitor our courtroom."

At the end of the trial period, the Indiana Supreme Court will decide on a permanent law.

"I hope they open Indiana courtrooms," Gull said. "I'll respect whatever decision they make, obviously, but I do hope they open the courtrooms."

Rebecca S. Green of the Fort Wayne Journal Gazette also reports on the arguments today, in a story that begins:
n a sort of traveling legal road show, the Indiana Court of Appeals heard arguments Wednesday evening concerning a 2005 Allen County case, in the Allen County Courthouse.

A three-judge panel – Paul D. Mathias, Michael P. Barnes and Terry A. Crone – heard 30-minute presentations from both the state of Indiana, represented by Gary Secrest, chief counsel of the Appeals Division of the Indiana Attorney General’s Office, and P. Stephen Miller, a Fort Wayne attorney representing Charles Parham.

Posted by Marcia Oddi on September 20, 2007 01:27 PM
Posted to Ind. App.Ct. Decisions