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Arguments for pretrial release found to be 'unquestionably inappropriate'

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The Indiana Supreme Court has dismissed without prejudice a request by a defendant to be released from jail while awaiting his third murder trial.

The court rejected both arguments from twice-convicted David Camm, noting his petition seeks “an unquestionably inappropriate remedy under the rule and law governing writs of mandamus.”

Camm filed a writ of mandamus seeking relief for his motion for pretrial release. He argued he was entitled to release under Criminal Rule 4(A) and the Sixth Amendment of the U.S. Constitution.

A former Indiana State Trooper, Camm has been tried and convicted twice of murdering his wife and two young children at their Floyd County home in September 2000. His original conviction in March 2002 was overturned in August 2004. A second trial in March 2006 yielded another conviction but that verdict was subsequently overturned in June 2009.

In rejecting Camm’s petition, the court states C.R. 4(A) does not mention retrials and Camm cites no precedent for applying the rule in the retrial context. Moreover, the delays following the appellate reversal of his convictions were attributable to his motion for a change of venue.

Also, the court pointed out that Camm identifies no precedent for interpreting the Sixth Amendment to require a pretrial release.



 

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  1. 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.

  2. 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???

  3. 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?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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