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Friday, May 02, 2014

Ind. Courts - Clarksville murder suspect seeks judge's recusal

Charlie White reports today in the Louisville Courier Journal:

The attorney representing one of two young men charged with murdering a Clarksville man during a March 2013 home invasion in an upscale north-end neighborhood has requested a Clark County judge recuse herself and transfer the case to a special judge.

Bart Betteau filed a petition Thursday in Clark Circuit Court 4 on behalf of his client, Garreth Stephens, 20, citing Judge Vicki Carmichael’s previous representation of the murder victim’s wife, Melanie Coghill, when Carmichael was a local attorney.

Court records filed with the petition show Carmichael was Coghill’s attorney during part of her divorce case against Charlestown resident Brian Glaab, a case that involved him paying her child support for their son, who later became murder victim Steven Baldwin’s stepson.

Baldwin, a 47-year-old insurance salesman, was found fatally shot in the chest at the Plum Woods Drive home where he, Coghill and her son lived, authorities said.

Betteau said in an interview Friday that neither him nor his client are accusing Carmichael of being unfair or biased in the case. But they believe her history with Coghill has the appearance of a conflict.

In the petition, Betteau cited the 1993 rape conviction appeal of former boxing star Mike Tyson v. State of Indiana, where then-Indiana Supreme Court Chief Justice Randall Shepard wrote: “Indiana practice has always leaned toward recusal where reasonable questions about impartiality exist.”

Posted by Marcia Oddi on May 2, 2014 02:18 PM
Posted to Indiana Courts