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COA upholds convictions of man who planned to kill attorney, judge, ex-wife

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The Indiana Court of Appeals has denied an appeal from a man who was convicted of planning to kill his ex-wife, her attorney, and a judge, ruling that amended charges did not negatively impact his rights and sufficient evidence existed to uphold the conviction.

In Nicholas Suding v. State of Indiana, No. 32A01-1002-CR-156, Nicholas Suding was convicted of three counts of conspiracy to commit murder as Class A felonies. In his appeal, Suding claimed that amendments filed after the omnibus date in October 2009 negatively affected his ability to defend against the amended charges.

At a hearing in June 2009, Suding’s ex-wife, Tamara Scott, and their daughter, S.S., were granted a protective order against Suding. Following that hearing, Suding’s wife, Renee, said he talked about killing Scott, her attorney, and the judge who entered the protective order.

After Suding told his wife to follow the judge and attorney to find out where they lived, she reported her husband to police, who gave her a recording device. She recorded a conversation with Suding in which he described how he would blow up the judge’s house with propane, and how he would kill his other victims. Police then arrested Suding.

Originally charged in July 2009 with one count of conspiracy to commit murder, Suding was charged with five additional counts in September, based on the recorded conversation with Renee Suding.

In December 2009 – past the omnibus date – the state amended the charges by modifying the overt acts, stating Suding “attempted to identify the homes and personal vehicles of the victims and/or agreed on a date to commit the murders and/or traveled to Kentucky to find an appropriate hiding place and to create an alibi.”

In his appeal, Suding argued that charges filed in December 2009 violated his rights by not allowing him adequate time to defend against the charges. But pursuant to Ind. Code Section 35-34-1-5(d), when the court permits an amendment to the charging information, “the court shall, upon motion by the defendant, order any continuance of the proceedings which may be necessary to accord the defendant adequate opportunity to prepare his defense.” If a court overrules a defendant’s objection to a late amendment, a defendant must request a continuance to preserve any argument that he was prejudiced by the late amendment.

Suding’s attorney did not request a continuance, and the issue was waived.

Citing Garcia v. State, 271 Ind. 510, 516, 394 N.E.2d 106, 110 (1979), the appeals court ruled that Renee Suding’s testimony provided sufficient evidence for conviction, because  a unilateral agreement to commit a crime is sufficient to sustain a conviction of conspiracy.

Suding also alleged that he was in grave peril and a victim of prosecutorial misconduct, due to a statement the prosecutor made during the trial about a prior “allegation involving a kid.” The appeals court ruled that the statement in question was inadmissible and did not affect the verdict. The appeals court also ruled that the trial court did not abuse its discretion in sentencing Suding, who received a sentence of 40 years imprisonment, with five years suspended for each count, to be served concurrently.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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