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Wednesday, February 15, 2012

Ind. Decisions - Supreme Court denies transfer for COA decision removing Prosecutor Keith Henderson from David Camm case [Updated]

Here is the Nov. 15, 2011 Court of Appeals opinion ordering a special prosecutor in David Camm case.

Here is the Dec. 15, 2011 announcement by the AG that he would appeal the COA decision.

What follows is the current docket entry:

DATE TEXT
2/14/12 THIS MATTER HAS COME BEFORE THE INDIANA SUPREME COURT ON A
PETITION TO TRANSFER JURISDICTION FOLLOWING THE ISSUANCE OF A
DECISION BY THE COURT OF APPEALS. THE PETITION WAS FILED
PURSUANT TO APPELLATE RULE 57. THE COURT HAS REVIEWED THE
DECISION OF THE COURT OF APPEALS. ANY RECORD ON APPEAL THAT WAS
SUBMITTED HAS BEEN MADE AVAILABLE TO THE COURT FOR REVIEW, ALONG
WITH ANY AND ALL BRIEFS THAT MAY HAVE BEEN FILED IN THE COURT
OF APPEALS AND ALL THE MATERIALS FILED IN CONNECTION WITH THE
REQUEST TO TRANSFER JURISDICTION. EACH PARTICIPATING MEMBER OF
THE COURT HAS VOTED ON THE PETITION. EACH PARTICIPATING MEMBER
HAS HAD THE OPPORTUNITY TO VOICE THAT JUSTICE'S VIEWS ON THE
CASE IN CONFERENCE WITH THE OTHER JUSTICES.
BEING DULY ADVISED, THE COURT NOW DENIES THE APPELLEE'S
PETITION TO TRANSFER OF JURISDICTION.
RANDALL T. SHEPARD, CHIEF JUSTICE
ALL JUSTICES CONCUR, EXCEPT FOR DICKSON, J., WHO VOTES TO GRANT
THE PETITION TO TRANSFER.
(ORDER REC'D 02/14/12 AT 2 P.M.) ENTERED ON 02/15/12 KJ
2/15/12 ****** ABOVE ENTRY MAILED ******

[Updated at 4:18 PM] Matt Thacker of the New Albany News & Tribune is reporting, in a story that begins:

INDIANAPOLIS — An Indiana Supreme Court ruling ensures David Camm will have a new prosecutor for his third trial.

The Indiana Court of Appeals removed Floyd County Prosecutor Keith Henderson from the case in a 3-0 decision published Nov. 15. The Indiana Attorney General’s Office filed a petition seeking transfer the case to the state’s highest court.

The Supreme Court justices voted 4-1 to not accept the case with only Justice Brent Dickson voting to grant the petition to transfer.

Camm’s attorney, Stacy Uliana, said Spencer County Judge Jonathan Dartt — appointed special judge for the case — will decide who is appointed special prosecutor. She hopes one will be appointed within the next week or two.

“We’re obviously happy about this decision. We expected it, but at the same time, we’re happy and we’re relieved it will go forward,” she said.

Uliana said their only concern is now that Henderson does not influence who is selected special prosecutor. There will likely not be a hearing on the matter unless the defense objects to the appointment.

Henderson’s office said the prosecutor will not release a statement until Thursday.

Posted by Marcia Oddi on February 15, 2012 02:18 PM
Posted to Ind. Sup.Ct. Decisions