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Sunday, April 13, 2008
Ind. Decisions - More on: Court of Appeals reverses murder convictions under Indiana’s Criminal Rule 4(C)
Updating this ILB entry from April 8th, re the Court of Appeals decision last week in Robert Jeffrey Pelley v. State of Indiana, Pablo Ros of the South Bend Tribune reported April 9th:
The trial of a Lakeville man convicted of killing his family should not have taken place, the Indiana Court of Appeals ruled Tuesday.That means Robert Jeffrey Pelley, who is serving a 160-year sentence in prison for the murders of his parents and two of his siblings, may become a free man unless the Indiana Supreme Court overrules the appellate court decision.
The office of Indiana Attorney General Steve Carter plans to ask for transfer of the case to the Supreme Court for review, a spokeswoman there said Tuesday. Such a request must be made within 30 days.
If the Supreme Court accepts the case, it may be months or even a year before it rules on the matter, Stacy R. Uliana, an Indianapolis-based attorney who handled Pelley's appeal, said Tuesday. * * *
[T]he Court of Appeals that reviewed the case did not have to delve into the evidence to reverse Pelley's conviction. It found that Pelley's trial took place under a violation of Criminal Rule 4 (C), which guarantees a defendant a speedy trial.
In other words, prosecutors took too long after charging Pelley with the crimes in 2002 to take him to trial.
Andre Gammage, a South Bend-based attorney who was part of Pelley's defense team, explained that the delay originated in a demand that prosecutors made to the Family & Children's Center for counseling records of the Pelley family.
Citing privacy laws, the Family & Children's Center refused to hand over the documents, sparking a legal battle with prosecutors that ultimately led the Indiana Supreme Court to rule in favor of prosecutors, who were given access to the Family & Children's Center records.
But by then, it was too late. Almost three years had elapsed since Pelley's arrest.
Pelley's defense team asked St. Joseph Superior Court Judge Roland W. Chamblee Jr. at the time to dismiss the charges against Pelley based on a violation of Pelley's right to a speedy trial, but the judge declined. * * *
Gammage said any of the following could take place:
-If the Indiana Supreme Court refuses to accept transfer of Pelley's case or affirms the appellate court decision, then Pelley would be freed and could not be tried again.
-If the Supreme Court overrules the appellate court decision and rejects the other issues raised, then Pelley's conviction would stand.
-If the Supreme Court overrules the appellate court decision, it could still grant Pelley a new trial based on the other issues raised in Pelley's appeal.
Posted by Marcia Oddi on April 13, 2008 09:19 AM
Posted to Ind. App.Ct. Decisions