ILNews

COA upholds convictions of man who planned to kill attorney, judge, ex-wife

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.

In Nicholas Suding v. State of Indiana, No. 32A01-1002-CR-156, Nicholas Suding was convicted of three counts of conspiracy to commit murder as Class A felonies. In his appeal, Suding claimed that amendments filed after the omnibus date in October 2009 negatively affected his ability to defend against the amended charges.

At a hearing in June 2009, Suding’s ex-wife, Tamara Scott, and their daughter, S.S., were granted a protective order against Suding. Following that hearing, Suding’s wife, Renee, said he talked about killing Scott, her attorney, and the judge who entered the protective order.

After Suding told his wife to follow the judge and attorney to find out where they lived, she reported her husband to police, who gave her a recording device. She recorded a conversation with Suding in which he described how he would blow up the judge’s house with propane, and how he would kill his other victims. Police then arrested Suding.

Originally charged in July 2009 with one count of conspiracy to commit murder, Suding was charged with five additional counts in September, based on the recorded conversation with Renee Suding.

In December 2009 – past the omnibus date – the state amended the charges by modifying the overt acts, stating Suding “attempted to identify the homes and personal vehicles of the victims and/or agreed on a date to commit the murders and/or traveled to Kentucky to find an appropriate hiding place and to create an alibi.”

In his appeal, Suding argued that charges filed in December 2009 violated his rights by not allowing him adequate time to defend against the charges. But pursuant to Ind. Code Section 35-34-1-5(d), when the court permits an amendment to the charging information, “the court shall, upon motion by the defendant, order any continuance of the proceedings which may be necessary to accord the defendant adequate opportunity to prepare his defense.” If a court overrules a defendant’s objection to a late amendment, a defendant must request a continuance to preserve any argument that he was prejudiced by the late amendment.

Suding’s attorney did not request a continuance, and the issue was waived.

Citing Garcia v. State, 271 Ind. 510, 516, 394 N.E.2d 106, 110 (1979), the appeals court ruled that Renee Suding’s testimony provided sufficient evidence for conviction, because  a unilateral agreement to commit a crime is sufficient to sustain a conviction of conspiracy.

Suding also alleged that he was in grave peril and a victim of prosecutorial misconduct, due to a statement the prosecutor made during the trial about a prior “allegation involving a kid.” The appeals court ruled that the statement in question was inadmissible and did not affect the verdict. The appeals court also ruled that the trial court did not abuse its discretion in sentencing Suding, who received a sentence of 40 years imprisonment, with five years suspended for each count, to be served concurrently.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  2. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  3. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  4. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  5. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

ADVERTISEMENT