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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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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