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Thursday, April 08, 2010
Ind. Courts - "Witness separation at heart of appeal"
The Supreme Court held oral arguments yesterday in three cases. One of them was the card-counting case, discussed in detail in other entries. Niki Kelly of the Fort Wayne Journal Gazette reports today on another of yesterday's arguments, this one in the case of Giavonni J. Williams v. State of Indiana (COA opinion here). Some quotes:
INDIANAPOLIS – The state’s five Supreme Court justices heard arguments Wednesday on whether a Fort Wayne man’s strangulation and battery convictions should be tossed out because an Allen County judge declined a motion to separate witnesses during his trial.Giavonni J. Williams – also known as Michael Williams – was sentenced to 4 1/2 years after being convicted of beating and strangling his girlfriend in March 2008.
He claims in his appeal that Allen Superior Court Judge John Surbeck erred when he denied Williams’ motion to separate witnesses, which means removing witnesses from the courtroom while others are testifying.
Williams, 32, acted as his own lawyer at trial and before the first witness was called asked that several police officers be separated. Surbeck declined.
Attorneys for both sides conceded that Surbeck was required by law to grant the motion. But because he didn’t, the state attorney general has the burden of proving that the error did not affect the defendant’s right to a fair trial.
Posted by Marcia Oddi on April 8, 2010 09:03 AM
Posted to Indiana Courts