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Friday, August 21, 2009
Ind. Decisions - More on: Brief filed in response to AG's July 27th petition for rehearing in David Camm case
Updating this ILB entry from August 18th, Matt Thacker of the Jeffersonville News & Tribune reports today in a lengthy story that begins:
The Indiana Supreme Court on Wednesday requested to have the entire David Camm murder case file sent to them.That came after Camm’s defense team filed its response Friday to Attorney General Greg Zoeller’s and Floyd County Prosecutor Keith Henderson’s request for a rehearing before the Supreme Court.
Henderson said the Supreme Court could have rejected the state’s argument without looking at the case file. He is hopeful the request means the justices will review transcripts of the trial.
“Definitely, it was my intention through the petition for reconsideration for the four justices [who ruled in favor of overturning Camm’s murder conviction] to review the record of the trial, because I do think they overlooked some key portions of it,” Henderson said. “I think the Supreme Court will give such an important case a thorough review.”
Katharine Liell, Camm’s attorney, said the Supreme Court requesting the case file is standard procedure, and she believes the court will deny the state’s request for a new hearing.
“The state, in its petition for rehearing, raised nothing new,” Liell said. “These are arguments they already made and lost on.”
Liell said the Indiana Supreme Court generally will only reconsider a ruling if the state can show that it misapplied U.S. Supreme Court precedent.
“A rehearing is not appropriate just to regurgitate what has already been argued,” she said.
Posted by Marcia Oddi on August 21, 2009 01:43 PM
Posted to Ind. Sup.Ct. Decisions