ILNews

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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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