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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT