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Wednesday, December 17, 2014

Ind. Courts - Really? Two public complaints in two years, immortalized in court opinions, is not enough?

That is what the ILB wrote in this post, on Oct. 7, 2014, after the press had picked up on this Oct. 2nd ILB post, which referenced two different Court of Appeals opinions remarking in footnotes that the transcript had returned to the court reeking of tobacco.

Today, in Gary Elvers v. State of Indiana, on p. 2, the Court writes, in no uncertain terms:

In two prior memorandum decisions, our court noted that the record emitted a foul odor consistent with cigarette or pipe smoke, and we asked that those who handle the appellate record refrain from such contamination in the future. See Rice v. State, No. 49A02-1401-CR-12 (Ind. Ct. App. Sept. 30, 2014); Wampler v. State, No. 09A02-1201-CR-61 (Ind. Ct. App. July 3, 2012). It appears that our requests were disregarded because the record in the instant case is permeated with the same repugnant stench. The fact that all three of these malodorous records were handled by the same Deputy Attorney General prompts us to direct this third entreaty to the Office of the Attorney General with the demand that our request for clean, unscented records be heeded.
The Deputy Attorney General on all three cases is listed on the opinions as Ian McLean. As a reader noted in commenting on one of the earlier posts:
If all state offices are indeed smoke-free, it is surprising that such a strong odor of smoke remains with a transcript weeks later when the case arrives in a judge's office.

Posted by Marcia Oddi on December 17, 2014 02:58 PM
Posted to Indiana Courts