ILNews

Court affirms denial of new murder trial

Michael W. Hoskins
January 1, 2007
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Just because a public defender paralegal chats with a deputy prosecutor before a hearing, it doesn't mean attorney-client privilege is being violated, the Indiana Court of Appeals has determined.

A unanimous ruling today in Mustafa Nur v. State of Indiana http://www.in.gov/judiciary/opinions/pdf/06060701tac.pdf, 49A02-0606-CR-486 broaches that topic. Nur appealed the denial of his motion for a new murder trial in Marion Superior Court. He argued the trial court erred by not providing an interpreter and also for allowing the deputy prosecutor to speak at an evidentiary hearing with the paralegal, who'd been present with Nur at the initial hearing. The court stated it believed the discussion was necessary to evaluate his ability to speak and understand English.

During the hearing, Nur requested new counsel in his case in which he was charged in connection with an attempted robbery leading to the death of his brother. His native language is Somali, but the court determined he did not have significant language difficulty.

The appellate judges dismissed Nur's argument about the paralegal/deputy prosecutor argument because he did not specify any privileged matter actually discussed, nor did he offer support for the contention that any violation of the attorney-client privilege is per se prejudicial.
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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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