Tuesday, July 28, 2009
Ind. Decisions - Attorney General files for rehearing in Camm ruling
It's a long shot request, one that rarely leads the court to overturn one of its own rulings. But Attorney General Greg Zoeller said Monday the justices overlooked key parts of the trial record and the state's arguments and should reinstate Camm's conviction. * * *Here is a long list of previous ILB entries relating to David Camm.
If the court upholds its original ruling, Floyd County Prosecutor Keith Henderson will have to decide whether to re-charge Camm, a former state trooper.
“We'll cross that bridge when we come to it,” Henderson said Monday about the possibility of a third trial.
Katharine Liell, one of Camm's lawyers, said Camm's legal team will file a response opposing the attorney general's request.
“We've been preparing for 3-1/2 years for another trial,” she said. “We fully anticipated that there would be a third trial.”
She said there's still forensic evidence, such as fingerprints and DNA that were never identified previously, that could prove Camm's innocence. * * *
Larry Landis, executive director of the Indiana Public Defender Council, said it's “very rare” for the court to grant a petition to rehear a case, and even more unusual for the justices to reverse a decision. That's particularly true where the decision is 4-1, he said.
“It would take two people to change their minds — not just one,” Landis said. “And with such a high-profile, significant case, I don't think there were any inadvertent mistakes, something not well thought out and not well debated. I'm just guessing, but … I doubt there's anything left to argue.”
Indianapolis appellate attorney Karl Mulvaney, who previously worked as the administrator of the Indiana Supreme Court, said the justices will occasionally agree to a rehearing to correct an error of fact in their original decision or to clarify a ruling. But the court seldom reverses itself.
Here is a link to the Supreme Court's 31-page, 4-1, June 26th opinion In David R. Camm v. State of Indiana.
Here is Attorney General Zoeller's press release yesterday announcing that: "The Office of the Indiana Attorney General today is filing a petition for a rehearing asking the Indiana Supreme Court to reconsider its earlier opinion granting David Camm a new trial."
And here is the the Attorney General's 17-page Petition for Rehearing of the Camm decision.
Posted by Marcia Oddi on July 28, 2009 08:30 AM
Posted to Ind. Sup.Ct. Decisions