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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT