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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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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