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High court orders new murder trial

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The Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview even after the man invoked his right to counsel several times.

James Carr got into an argument with his friend and shot him in the face after his friend provoked him several times to do it. His friend died. Afterward, Carr drove to a bar and admitted to the bartender he killed the friend.

Carr claimed that he unequivocally and repeatedly invoked his right to counsel, so his statements made about the murder to the detective shouldn’t have been admitted into evidence. The state argued Carr’s requests for an attorney were ambiguous and if not, that any resulting error was harmless.

In James A. Carr v. State of Indiana, No. 25S04-1004-CR-219, the justices agreed with Carr, pointing out several times in the transcript of the police interview in which Carr said he wanted to speak to an attorney or have an attorney with him during questioning. The detective acknowledged that was his right, but continued on with the interview by steering the conversation back to the murder. They also found Carr’s answers to the detective’s questions weren’t a valid waiver of his right to counsel.

When Carr invoked his right to counsel, the detective should have ended the questioning immediately until his attorney was present.

“Instead, the detective's ongoing conversation initiated further custodial interrogation, and the defendant's subsequent disclosures were not a product of his own initiation of communication,” wrote Justice Brent Dickson.

In addition, the admittance of these statements into evidence was not a harmless error as they contained considerable details regarding Carr’s state of mind during the killing, which are details that weren’t provided by any other evidence. They reversed and remanded for a new trial.

The high court also addressed Carr’s appeal of his denial of motion for discharge for delay under Indiana Criminal Rule 4. He argued two of his continuance requests should have been properly attributed to the state.

“It has not been uncommon for lawyers and courts to address Rule 4 claims in part by considering whether delay should be 'chargeable to the State,' but the role of the State is an irrelevant consideration in the analysis,” wrote Justice Dickson. “The Rule does not call for any attribution of delay to the State but only for delay attributable to the defendant or insufficient time due to court congestion or emergency. Employing the rhetoric of 'delay chargeable to the State' should be avoided.”

In Carr’s case, both delays he argued were attributable to the state were actually attributable to him, so the trial court didn’t err in attributing the delays to him.
 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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